If there was a minor accident on the road, where there was a collision or a pedestrian was hit, this situation can be resolved without the involvement of insurance agents and representatives of the traffic police to record the incident.
In such cases, a verbal agreement is not enough. Your mutual amicable decision on compensation for damage and the absence of claims against each other must be made in writing. Such a receipt in case of an accident provides an opportunity to resolve the situation.
In the event of an accident, the injured party may suffer material damage. According to the definition from the civil code, in such situations it is subject to full compensation from the funds of the guilty person.
In order for the no-claim receipt to have legal force, a number of rules must be followed so as not to subsequently become a victim of deception on the part of the perpetrator of the incident:
- The receipt is filled out identically on two forms, each of which is handed over to the injured and guilty parties;
- Filling out must be in writing. All conditions and decisions must be documented. An oral decision will not be valid and it will be impossible to prove an agreement based on the absence of a claim;
- Each party must be fully identified in the documents. This should include full passport data, full name, driver’s license numbers, as well as VIN codes and vehicle license plates;
- If the parties have damage to the equipment, it is necessary to describe them in as much detail as possible;
- The resolution of the claim is compensation for material losses. Therefore, it is necessary to indicate the amount that the guilty party transfers or the time frame within which it undertakes to carry out this action. In the receipt, funds are entered in digital form and in words, and the currency of payment is indicated;
- The injured party must write in his own hand that he has no claims after receiving the funds.
- At the end there must be a signature and a transcript of the initials from each party.
Such registration will be considered appropriate and each party will have confirmation of a mutual decision on this issue in writing.
Is it possible to file an accident this way?
The most important fact that you need to know is that you can write a receipt and not call the traffic police only if your incident can be formally documented using a European protocol. No, it is not necessary to fill out a notice, but the conditions must be met.
And there are 3 such conditions:
- both participants have MTPL policies (then why do you need a receipt in case of an accident?..),
- there are exactly two participants,
- only cars were damaged (there were no injuries, deaths or damaged property not related to vehicles),
- the incident occurred with the contact of these vehicles,
- the amount of damage does not exceed 100 thousand rubles,
- The drivers have no disagreements regarding the circumstances of the accident (including guilt).
So, if all these conditions are not met, you cannot leave the scene of an accident by simply writing this document by hand.
What's the matter? And the reason for this state of affairs is in changes to the Traffic Rules, according to which, now you cannot simply drive away, either with or without a receipt, without registering an accident.
Let's consider this issue in more detail! Firstly, the recently amended paragraph 2.6.1 of the Traffic Regulations in its 2nd paragraph prescribes that participants in an accident are not required to report the incident if, in accordance with the law on compulsory motor liability insurance, a European protocol can be drawn up.
And Article 11.1 of the said Federal Law just lists the above-mentioned conditions under which you don’t have to call the police.
Thus, in a number of cases, an absurd situation arises - it seems like a receipt for an accident is needed in cases where the culprit does not have compulsory motor liability insurance. On the other hand, if you do not have a valid policy, you cannot take out a policy without the traffic police.
But there is a way out - you need to write on the receipt not just the phrase “I have no complaints,” but indicate the fact that the accident itself did not occur. If we are talking specifically about the absence of complaints. We'll talk about this below.
Types of receipts
When issuing a receipt for no claims in case of an accident, inaccuracies may be made, which can lead to legal proceedings and invalidation of the document. To minimize the risk of this happening, it is recommended that you familiarize yourself with the existing types of documents and learn how to draw up papers legally competent. The rule also applies to careful drivers who are accustomed to following traffic rules. The risk of getting into an unexpected situation on the road always exists. Therefore, it is important to study all the features of document preparation. The following types of receipts are distinguished:
- No complaints. It is issued if the participants in the accident have no contradictions and are ready to resolve the situation by mutual agreement. It is important that no harm is caused to people, only minor damage is caused to the machine. The insurance company will not provide benefits based on a receipt. The document will act as proof of innocence if traffic police officers do record an accident.
- About compensation for damage. If a citizen turns to an insurance organization to receive payment, this will lead to an increase in the BMI. To prevent this from happening, the parties can independently agree on the amount of payment and voluntarily provide it. Compensation may be issued on the spot or provided over time. The receipt confirms that the citizen assumes the responsibility to provide funds. Damage assessment is carried out visually.
The indicated amount is not always enough to complete the repair. You need to accept this fact, refusing to call the traffic police. Therefore, the settlement method is used only in situations where the damage is minor and well visualized. The receipt must indicate the amount of damage. It will not be possible to claim more funds in the future.
- About car repair. The parties can agree on compensation for damage within a certain time if the culprit of the incident does not have the required amount on hand. Instead of providing compensation, the vehicle may be repaired at the expense of the person who caused the accident. If the victim agrees with such measures, a receipt is drawn up. It establishes the period of time during which repairs must be carried out, and also indicates the damage received. Without an expert, it is quite difficult to determine the list . So, the owner of the car can indicate the damage that was received before the accident. The parties agree on the amount of compensation and also state it in the document. You will not be able to change the value of the indicator in the future. Repairs must be carried out within the established time frame. If the rules are violated, the victim can sue for compensation and penalties. It is charged for each day of delay.
Correct receipt if there are no complaints - what to write?
If, as a result of an accident, the participants have no claims against each other, then in this case only civil liability can be avoided - compensation for harm from damage. But administrative liability can be avoided only if the conditions listed above regarding the possibility of drawing up a European protocol are met, although there is no obligation to fill it out.
Therefore, the correct sample receipt for an accident must necessarily contain the fact that there was no accident by definition. This definition is given clearly and clearly in the traffic rules, and in order to fall under this case, several conditions must be met:
- at least one car had to move,
- the accident injured people, killed them or caused material damage (cars and/or other property).
If at least one of the conditions is not met, then this is no longer an accident. Therefore, it is important to write in the receipt not only the absence of claims, but also the absence of material damage. It is the last entry that will help to avoid administrative liability, which may include, in case of leaving the scene of an accident, up to deprivation of rights for a long period (Part 2 of Article 12.27 of the Administrative Code).
Sample
So, here is the most correct sample of a no-claims receipt after an accident:
This sample confirms not only the fact that there are no claims, but also the absence of the accident itself.
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Pros and cons of drafting
A properly drawn up receipt can explain the circumstances of the accident. In addition, it confirms that the offender pleaded guilty and makes it possible to resolve the issue of monetary compensation for damage.
Certain risks are possible:
- due to the lack of detailed information about the incident, it will be necessary to prove the circumstances in a different way;
- if the conditions for compensation for damage and the period for transferring money after repairs are not specified, then difficulties may arise when challenging it in court;
- It will be difficult to challenge the amount of monetary compensation in court if the actual damage does not correspond to what is indicated in the form.
- If the culprit of the incident is incorrectly identified, then the innocent person will have to answer for his obligations.
To avoid possible troubles, use a few tips:
- fill out the document without errors, seal it with witness signatures and video recording;
- if necessary, use qualified legal assistance;
- involve independent experts to record the real offender and the actual amount of damage caused.
Before issuing a receipt, make sure that all documents belong to one person: the citizen’s passport matches the information specified in the driver’s license and that he is the owner of the car. This will help avoid trouble if the culprit refuses to fulfill his obligations.
Positive points include:
- the registration process will be faster, since you won’t have to wait for traffic police inspectors;
- will not affect the driver’s reputation, since there will be no information about the accident in the insurer’s database;
- there is no need to wait for the insurance company’s decision to pay out the money;
- there is no need to collect a lot of papers for registration, one receipt is enough;
- If one of the drivers violates traffic rules, it is possible to avoid administrative liability.
This successful arrangement suits all participants in the incident, and citizens enter into an agreement to quickly resolve the controversial issue.
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Receipt for compensation for damage on the spot and receipt of money - how to write?
This receipt is also possible only if the conditions for the possibility of registering an accident under the European protocol are satisfied. Otherwise, as in a situation where there are no claims, civil liability will be fulfilled in full, but administrative liability will not be avoided. But even in this case, you can separately indicate directly in the receipt that such conditions have been met.
The correct receipt of money received upon the fact of an accident for the damage caused from the culprit is written by the victim. But the culprit also signs in this case admitting responsibility for the accident. This way both participants can be protected:
- and the victim who received money as compensation for damage and who has no claims against the culprit on the receipt,
- and the culprit who recognizes himself as such.
Sample
This is what a well-written confirmation looks like in this situation:
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Main mistakes when compiling
The main mistake of many car owners is a verbal agreement. The culprit does not always turn out to be respectable and pays the promised amounts, and without documentary proof of the obligation it will be impossible to obtain money through the court.
Another common mistake is briefly filling out the form without describing the cause of the accident and the injuries sustained. Subsequently, the culprit can challenge the previously drawn up act, citing the fact that the injured party independently included the items or was damaged in another accident.
How to correctly write a promissory note after an accident or repair?
But a fairly common situation is when the culprit does not have compulsory motor insurance, and he does not have the opportunity to immediately compensate for the damage caused with money. This is the most unfavorable case for the victim, and in this case we strongly recommend that you register the accident not with a receipt, but with the traffic police officers. The fact is that not all courts equally pay due attention to such papers. Although it has full legal force identical to the contract, some judges neglect them.
Meanwhile, if for one reason or another there is a need to register an accident with a handwritten document on damage compensation without the traffic police - for example, if you, as a victim, also do not have an insurance policy or you need to leave urgently, then draw up a receipt for the accident for payment or repairs by the culprit in the future it is possible and necessary.
And in this situation, in essence, it will be a promissory note with the clarification that it was issued during an incident.
Sample for payment
Such a receipt is also signed by both parties to the accident.
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Repair sample
Here everything is almost identical, except that the culprit undertakes not to pay for the damage against a receipt in cash, but to pay for car repairs at a pre-selected car service center.
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Does it have legal force?
The receipt of the culprit of the accident has legal force, but little information is provided in the legislation about the legality of the document.
In particular, there is no information about the rules for drawing up receipts and a unified form. This makes it possible to draw up a receipt yourself, with any content.
In order not to waste time drawing up a document after an accident, you should have a prepared form with you. All you have to do is enter the date, details and amount of damage.
It is important to consider that the receipt should indicate as much information as possible about the accident that occurred.
The location of the incident, the exact time, the circumstances that led to the accident and other information necessary to assess the damage and determine the culprit are described.
The document receives legal force provided that it contains the exact passport details of the participants in the accident, describes the location of the incident and bears the signatures of the parties. The document is drawn up in two copies.
The best way is video recording
At a time when almost every driver has a smartphone with a video recording function, the best option would be to take a video instead of issuing a receipt in case of an accident - it’s much faster, and the evidence will be more reliable for the court.
At the same time, a video receipt can be recorded in all cases:
- as in the absence of claims in an accident,
- and in receiving funds,
- or remove the culprit’s debt obligation to compensate for damage.
Just say the text according to which we have given above in the written receipts. It is advisable that both participants in the incident be present in the video, holding a passport in their hands, which is visible in the frame (spread with a photo).
How does a refund work?
Having decided to compensate for the damage from his own money, the driver can later return the money spent through the insurance company.
This opportunity is provided only to those who had a valid MTPL policy at the time of the accident.
In this case, the policyholder must contact his insurance company and provide the following documents:
- receipt;
- OSAGO policy;
- evidence of damage to third parties;
- confirmation of the occurrence of an accident.
You will need to write a statement indicating that compensation for damages was paid as a result of the accident.
Getting paid is not easy. The insurance company may require an examination to assess the condition of the damaged vehicle. And this is quite difficult to do, especially if the repairs have already been made. Often it is possible to achieve payment only through the courts.
It is worth noting that after returning the money issued according to the receipt, the policyholder’s driving class is lowered and the KMB is lowered, which increases the cost of compulsory motor liability insurance.
A receipt after an accident is a document drawn up for the purpose of independently resolving the situation.
It is necessary to confirm the absence of claims on the part of the victim, who will not be able to sue the person responsible for the accident for compensation.
The receipt must be drawn up correctly, without errors or blots, which makes it a legally significant document.
What to do in case of a minor accident in the yard is explained in the article: Accident in the yard. Whether it is an accident or a fall of a passenger on a bus, see the page.
What is better after an accident: money or repairs, find out from this information.
If they wrote “I have no complaints,” but did they appear?
Everything is very difficult here. In 2021, there is judicial practice both to recover damages in this way in favor of the victim, and to refuse to satisfy the claim and win the culprit.
The main factors here are several subtleties:
- even if there were no claims on both sides of the accident, such could appear later - that is why at the very beginning of the article we recommended writing correctly in the receipt not the absence of claims, but the absence of damage as such;
- if you indicated the absence of damage, and there seems to be nothing to compensate, then the court may take the side of the victim if he manages to convince the judge that initially no damage was noticed, but later they were seen; this is especially true if the accident occurred in the dark and there was internal damage; but even in this case, the victim needs to prove the involvement of these injuries specifically in this accident, and in the absence of proper registration by the traffic police officers, this is not always possible;
- when a formal event of a road traffic accident occurs, a composition appears to attract both of its participants to the deprivation of rights under Part 2 of Article 12.27 of the Code of Administrative Offences, so “suddenly” appearing damage or claims on a receipt may result in not entirely good consequences for both parties.
Making a refund
Road accident without MTPL insurance
The modern world is such that both inaction and very active behavior can lead to many unpleasant consequences. And at the same time they may not always touch money. There are often times when an emergency situation occurs, but no one was hurt, so there are no complaints.
Such a paper has great legal force, so it can be used as evidence in court
It must be formed carefully and very carefully. If the opportunity arises, you need to familiarize yourself with the correctly compiled form to prevent errors.
In the event of an accident, a receipt stating that the person must compensate for the damage is of great force, thanks to it it is possible to obtain funds for complete repairs. The practice of drawing up such paper is widespread, especially before the adoption of the insurance law.
But some people may not have time to insure their car or due to other circumstances may not have insurance, then the receipt is of great importance. We must also not forget that on the spot the damage can be assessed biasedly, and the amount will be 10 times higher.
This method is only good if the accident is minor. Otherwise, it will be impossible to receive the actual amount of compensation later. You can compose a document in free form, but you need to consider the following factors:
The initials of both the victim and the perpetrator, it is advisable to indicate passport information. The amount of damage, it is important that it is written both in words and in numbers, but in words the priority will be, do not forget to indicate the currency. Circumstances due to which one person must pay money to another, indicate even the slightest scratches and damage to the body. If this is a pedestrian, then you need to assess your state of health, from skin damage to concussion... We must not forget that from the moment of writing, the receipt will be valid for up to three years
We must not forget that from the moment of writing, the receipt will be valid for up to three years.
Colliding with a pedestrian
There are more and more cases of drivers hitting pedestrians.
As a rule, drivers are not always at fault.
Many people like to drink, have poor eyesight, or are simply inattentive.
That's when accidents happen.
Drivers stop being attentive and responsible, drink and don’t look at the road.
If a person and a car were involved in the incident, then damage can be caused not only to the person but also to the car. In this case, the degree of guilt is determined quite simply.
If the accident is mutual?
Everything here is also quite simple. In case of a mutual accident, the degree of guilt is determined only by the court. But when issued by traffic police officers, as well as the European protocol, mutual guilt is initially equal to 50% for each participant.
Similarly, in the receipt, you can simply describe, using any of the examples above, a situation where each party undertakes to either reimburse 50% (specifying the specific amount of compensation) to the other party indicating the deadlines, or indicate the absence of claims and at the same time write separately that in accordance with clause 2.6.1 of the traffic rules, this incident can be registered without the participation of police officers.
Is the document legal?
Now the very issue regarding the receipt when an accident occurs in the legislation is covered quite succinctly. The admissibility of writing a document of this type is regulated by clause 2 of Art. 68 Code of Civil Procedure of Russia.
However, there is no unified type of this paper. Therefore, it is better to purchase a special form in advance, in which you should write the details and amount.
The type of accident receipt for compensation for repairs must necessarily include detailed information related to the accident. At the same time, the greater the number of nuances described, the better.
So often, it is because of various inaccuracies that litigation arises. It must be remembered that receipts can be of different types. Moreover, if the person responsible for the accident paid the damage in cash on the spot, then you also need to take a receipt.
What if the culprit simply gave up his passport?
This is the most irrational solution for recording an incident.
- Firstly, the seizure of a passport is prohibited for all Russian citizens (passport regulations),
- secondly, the fact that you have a document from the culprit does not oblige him to anything - restoring it often costs much less than paying for the damage, and you cannot do anything.
In this situation, you should stock up on evidence about the accident itself and the elements of the violation from the second participant, and at the same time not lose your rights for leaving the scene of the accident.
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And if the intentions of the culprit are honest, the benefit for the injured party is more than obvious: there will be no need to waste a lot of time and nerves on repeated visits to the insurer, drive a broken car, tediously wait for payment, and as a result - remain dissatisfied with the amount received, go to court, etc. other.
But what is the benefit of the culprit of the accident when, having a compulsory motor liability insurance policy, he voluntarily undertakes to save money for the insurance company and pays the victim with his own funds?
The simplest reason: extreme rush and reluctance to spend half a day waiting for traffic police. Especially if the damage is minimal. A more serious reason not to call the police is if the culprit of the accident turned out to be drunk, was not included in the insurance, etc. By the way, such “misconduct” may well even lead to unjustified generosity on his part.
But we will not list all the possible reasons for cash payments “on the spot”; we will consider how to competently resolve the situation without involving the traffic police.
How to recover compensation from the person at fault for an accident if the amount of insurance is insufficient?
Even if the at-fault party's insurance company can fully fulfill its insurance obligations, sometimes the largest amount of compensation may not be enough. In this case, the loss will have to be collected from the person responsible for the accident without the help of an insurance company.
Sometimes the person at fault may voluntarily agree to compensate for the difference between the actual loss and the insurance.
But most often, court proceedings are needed. To prepare for them, you need such documents :
- Evidence that your car was involved in an accident.
- Certificate in form 23.
- Estimation of the cost of transport loss.
- Insurance.
- PTS, STS.
- Checks for details.
