The number of cars on the roads of the Russian Federation is growing every day. People take out loans, buy cars and try their hand at driving. Lack of experience, inattention, indiscipline, arrogance and other factors often lead to accidents.
If we are talking about a situation where minor damage was caused to the car and no one was injured in the accident, then the participants in the incident have the right to independently draw up a report, without calling a traffic police officer. This material will talk about all the intricacies of registering an accident, which should be taken into account in order to avoid problems when receiving monetary compensation for the damage caused.
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What is considered a road accident and their classification
If a motorist is not at fault in a car accident and the accident occurs without injuries, he can apply for compensation, including for damage to the car or personal injury and for additional expenses incurred.
We are talking about a road collision when, as a result of the movement of cars, their owners only suffered material losses. But an accident under compulsory motor liability insurance is recognized as an incident in which vehicles, passengers, pedestrians, street lights, buildings, fences, cargo and other elements were damaged.
An accident is considered in:
- There must be at least one vehicle involved in the accident;
- The incident occurred in an area intended for the movement of cars (road, parking, yard, etc.);
- Damage to property was caused by vehicle traffic.
By driving a vehicle while drunk, the driver intentionally violated the law, which caused an accident in which the property of other persons was damaged. But the absence of victims is not a reason to leave the culprit unpunished.
Normative base
Paragraphs 2.5, 2.6.1 of the traffic rules in the event of an accident without injuries in 2021 regulate the procedure that must be followed by the culprit and the victim.
In the event of a collision, in accordance with the traffic rules of paragraph 2.6.1 of October 23, 1993 No. 1090, the participation of the police is not mandatory; without casualties, the accident is registered by the participants of the incident independently.
But under certain circumstances, administrative liability for an accident, described in paragraph 1 of Art. 12.27 Code of Administrative Offenses of the Russian Federation.
There are situations in which there is an obligation to involve traffic police officers:
- The driver who caused the collision was drunk or fled the scene;
- Neither person involved in the collision has a valid liability insurance policy;
- It is unclear who is responsible for causing the collision or whether the offender does not want to plead guilty.
First actions if you get into an accident
In the event of a car accident or other road incident, the first steps should be to check that the driver, passengers and others involved in the accident do not require medical attention and, if necessary, seek it as soon as possible.
What to do in case of an accident:
- You need to remove the keys from the ignition and check whether the passengers were injured;
- Later, basic safety of the scene is ensured, that is, warning lights are turned on and a warning triangle is installed;
- Then we make sure that the passengers in the second car are not injured;
- Further, the actions of the victim and the culprit will be identical;
- Before moving on to formalities, you need to take several photographs of the damaged cars, as well as videotape the scene of the accident, which will facilitate subsequent claims;
- Later, we begin to draw up a statement (receipt), which indicates the agreement reached by the participants of the event. This will be necessary when applying for compensation from the insurer;
- If possible, remove vehicles and vehicle components from the roadway to restore traffic flow and ensure safe driving for those involved.
The driver who is at fault must ensure that the receipt or notification of the accident is written and contains all the necessary elements (peaceful resolution of the incident and payment of compensation for damage on the spot).
This will also ensure the smooth execution of the procedure related to the payment of compensation by the insurance company, while at the same time depriving the victim of an accident without insurance of the opportunity to file a claim and charge the initiator of the accident with leaving the scene of the accident.
Actions in case of an accident without casualties
The World Health Organization (WHO) estimates that approximately 1.24 million people die each year as a result of road traffic accidents. Accidents are a serious problem, and even in non-serious incidents, every motorist should know what to do in case of an accident without injuries in cases where the damage was caused exclusively to material property of other persons.
Actions of the driver in 2021, in an accident in which no one was injured:
- Turn on the warning lights;
- Apply the handbrake and turn off the engine and do not forget to remove the keys from the ignition;
- Position the warning triangle according to the relevant regulations. On a highway or expressway 50 m from the car, outside populated areas 30 m, in the city next to the car, but no further than 15 m;
- Assess the condition of the damaged vehicle. Make sure that the car is stopped and does not endanger passengers (the engine must be turned off);
- No matter how serious the accident appears, the location of the accident must be properly marked with hazard signs and lights. If there is a risk of fire or explosion, try to keep a safe distance;
- The culprit and the victim undergo a medical examination only if traffic police officers arrive at the scene of the incident and suspicions arise about the sanity of the participants;
- If motorists wish to disperse peacefully, without involving the traffic police, then they must independently record the circumstances of the accident using a photo and video camera (braking distance, traces of liquids, where both cars stopped, license plates, date and time of the incident);
- As soon as the accident is recorded by both parties, the roadway can be cleared for the movement of other motorists.
What to do in case of a minor accident
A minor accident is not a reason to give up and repair damage to the vehicle at your own expense. We are talking about the same incident as any other accident, so you need to act according to the established procedure, which is regulated by Bank of Russia Regulation No. 431-P dated September 19, 2014 (as amended on October 8, 2019). It should be borne in mind that you will have to contact the insurance company for compensation for damage, which means the need to carefully prepare documents.
All details and nuances that arise during the preparation of an incident report and the performance of other necessary actions are described in detail in the insurance rules, which are provided to the car owner together with the MTPL contract.
Situations often arise when the second party to an accident does not have a compulsory motor liability insurance policy. If the extent of the damage is obvious, you can try to resolve the problem on the spot. The culprit can transfer to the victim the necessary funds for repairs, and the incident is considered resolved. In this case, the following circumstances must be taken into account:
- Damage cannot always be correctly identified by cost. There are often hidden defects that only a car service can detect;
- When transferring funds from the perpetrator to the victim, a receipt must be drawn up, otherwise this fact cannot be confirmed in the future.
Not very often, but there are situations when the victim received money, after which he contacted the traffic police with the fact that the guilty person fled the scene. In this case, without a receipt, it will be impossible to prove the fact of transfer of money, and in the absence of other documents, it will also be difficult for a specific person to prove his innocence.
To the culprit
In addition to the general procedure, there are standard instructions that those responsible for an emergency must adhere to. We are talking about performing the following actions in the specified sequence:
- Immediately after an accident, you should stop the vehicle and secure it with the hand brake;
- Put up a warning triangle and turn on the warning lights;
- Check if anyone was injured in the accident and, if necessary, call an ambulance;
- Take photographs or video of the accident, if possible.
It is important to know that the person at fault cannot leave the scene of the accident. If this is done, the fine will increase and traffic police will have to be involved in the proceedings. Many citizens try to avoid such an outcome, so they do not leave the scene of the crime.
To the victim
For people who have suffered damage during an accident, there are also a number of mandatory rules that must be followed. First of all, you need to stop the car, secure it with the hand brake, set up an emergency sign and turn on the alarm. If necessary, call an ambulance.
The next step is to photograph or videotape the scene of the incident, which will help avoid problems in the future. If possible, it is recommended to copy down the contact details of all witnesses to the incident and the person responsible. If it is not possible to resolve the situation yourself by drawing up a Europrotocol, then you need to call the traffic police officers, who will draw up the necessary papers.
Is it possible to leave without filing documents for an accident?
When drawing up an accident insurance contract, motorists protect their liability to third parties, since in the event of an unintentional accident, the insurance company will pay compensation for damage to the victims, which can reach 500,000 rubles.
Since 2021, it has become possible to register an accident without the presence of State Traffic Inspectorate employees for all car accidents in which there are no injuries. It is also possible to peacefully resolve issues between participants without paperwork.
To leave without filing a notice or involving an insurance company, one of the following situations must occur:
- The participants in the road accident independently solved the problem in which the culprit of the accident wrote a receipt for subsequent payment to repair the victim’s car;
- The initiator of the incident immediately (on the spot) compensated for the damage caused;
- Damage to property is minor.
Procedure for registering an accident
The sequence of actions for events caused by an unintentional violation of safety rules, which led to material damage (damage to a vehicle, fence, road device, luggage, etc.) has several options:
- Registration of the incident according to the European protocol. Possible only if there is a collision between two vehicles and insurance certificates are available. If an accident occurs without compulsory motor liability insurance for the victim, then this registration option is impossible;
- Independent settlement between participants in incidents. Possible in the absence of claims on both sides;
- Sending documents about an accident to the nearest traffic police department;
- Calling a State Traffic Inspectorate employee to register an accident. If the participants cannot come to an agreement and everyone tries to prove their innocence or the initiator fled the scene.
Required documents
- After a registered collision, the motorist goes to the insurer with a certain list of papers;
- An insurance certificate with a valid period is provided;
- Passport;
- Notification of an accident (Europrotocol);
- Car documents (registration certificate and passport);
- Photos and video materials from the scene of the incident;
- Application for compensation of losses.
What kind of accident does not require the presence of an inspector?
In Russia, European standards for registration of road traffic accidents are universally applied, when it is possible to fill out documents related to the incident without the presence of traffic police officers (Article 11.1 of Federal Law No. 40).
This practice is called the Europrotocol. Drivers can independently decide at the scene of the accident who is at fault for the accident. The issue of payment for damage is also resolved there. At the scene of the accident, participants fill out a notification of an accident, which comes with the compulsory motor liability insurance policy, and submit the completed document to the nearest traffic police department.
Participants in a traffic accident are not required to call traffic police officers in the following cases:
- There are two vehicles involved in the accident;
- every car owner has a valid MTPL policy;
- there are no disputes between the participants and they acknowledge all the circumstances of the incident;
- there were no injuries as a result of the accident;
- the total amount of damage is insignificant and does not exceed 50,000 rubles;
- both participants agree to independently fill out the necessary documents for registration of an accident and go to the nearest traffic police department to record the fact of the accident.
Even the most experienced and careful driver is not insured against getting into an accident, and whether the victim receives an insurance payment depends on how correctly he acts after the incident. We recommend that you read our other articles:
- Why do you need an accident diagram and how to draw it correctly?
- When and how is an accident scene inspection report drawn up?
- How is insurance paid in case of an accident if there is OSAGO and CASCO insurance?
- Why do you need a traffic accident log?
- What does an emergency commissioner do and is it profitable to use his services?
It is worth remembering that the injured party needs to correctly fill out the notification of the traffic accident and submit it to the insurance company to receive compensation for the material damage received.
Registration of an accident according to the European protocol
One of the options for registering a car collision in which there are no physically injured people is a protocol drawn up according to the European type.
It provides for filling out an accident notification form only if a number of conditions are met:
- Absence of any bodily injuries to those involved in the accident;
- The victim and the culprit must have compulsory auto insurance policies;
- Only two vehicles are involved in an emergency;
- According to estimates, the damage does not exceed RUB 100,000. (from October 1, compensation is equal to 400,000 rubles for all regions of Russia).
The Euro Protocol to be filled out in case of an accident must be drawn up according to the following rules:
- All information in the notice is entered by hand;
- All 18 points on the front side and 7 on the back are filled in;
- The details of the victim and the victim, as well as both cars, are entered.
What to do after reporting an accident
Notify the insurer of the damage. In 2021, the maximum compensation to victims under compulsory motor liability insurance for the risk of property damage cannot exceed 400,000 rubles.
Carefully collect all the evidence that will show you what losses you suffered due to the accident. State in detail the circumstances of the collision, if the police were at the scene, and their conclusion.
Invoices, drug bills, receipts, confirmation of doctor visits and hospitalizations, diagnoses and medical certificates will all be important when the insurance company reviews your claim. Then, based on the documents you provide, the insurer will conduct a procedure to verify the validity of the claim for compensation and determine the amount of compensation.
Liability for an accident without injuries
Without victims in an accident, the culprit faces punishment depending on the registration of the road accident. If a motorist unintentionally caused a minor accident and the State Traffic Inspectorate was not involved, then the person responsible for the accident will not face a fine for the accident.
Often, fines for an accident are imposed if the car owner committed an accident while drunk or did not have an MTPL insurance certificate or the driver left the scene of the accident.
Such punishment as deprivation of rights in case of an accident without victims is threatened in the first and third cases. For alcohol intoxication while driving, as well as leaving the scene of a crime, the culprit can legally be deprived of his driver's license.
Administrative liability in the absence of an insurance certificate is 800 rubles, taking into account the fine that is issued for non-compliance with traffic rules.
The fine for calling the traffic police to the scene of a minor accident is proposed to be doubled
The Moscow City Duma proposed to at least double the fine for calling the traffic police to the scene of a minor accident, the Moscow agency reports. This initiative was made by the deputy chairman of the capital's parliamentary commission on security, Andrei Shibaev. Now drivers who contact traffic police officers because of a minor accident face a fine of 1,000 rubles. “I would support increasing fines, because the traffic police are very busy, including due to minor accidents. People who commit an accident create serious traffic difficulties for everyone else. Of course, the norm needs to be adjusted here; increasing fines by two or three times, in my opinion, could have a positive effect,” Shibaev explained.
Earlier, Russian President Vladimir Putin demanded that mass accident registration be ensured without the participation of the traffic police. “To remove unnecessary inconvenience and formalities, it is necessary to implement a set of measures aimed at mass registration of road accidents without the participation of police officers,” the head of state said at a meeting of the Presidium of the State Council on the issue of road safety. He clarified that we are talking about accidents that resulted in only material damage.
Now participants in an accident can draw up a so-called European protocol without calling the police. But this is only possible if two cars were involved in the accident, both drivers have MTPL insurance policies and they have no disagreements regarding the circumstances of the incident. In addition, the damage must only be caused to cars: if other property is damaged or there are victims, it is impossible to register an accident without police officers.
The amount of compensation under the European protocol in most regions is limited to 50 thousand rubles. In the event that an accident occurred in Moscow, St. Petersburg, as well as the Moscow or Leningrad regions, you can receive up to 400 thousand rubles under the European protocol.
On July 1, 2015, participants in road accidents who quickly failed to clear the roadway began to be fined. According to the Russian Union of Auto Insurers, in Moscow the number of accidents registered under the European protocol increased from 5.5 to 21.4 percent. In St. Petersburg, 26.6% of road accidents are reported without calling the traffic police. Previously, this share was 15.7%. In Samara, the number of accidents registered under the European protocol increased from 10% to 32%. According to RSA executive director Evgeny Ufimtsev, in some regions the number of minor road accidents registered without calling the traffic police reaches 40%, Kommersant reports.
Photo: Global Look Press
