How long does it take to file a traffic accident with the traffic police?

Not every road accident requires the mandatory intervention of traffic police officers. If certain conditions are met, the problem can be solved by the participants themselves. This helps save time and nerves, but increases the risk of non-payment of insurance compensation due to a simple technical error. Therefore, you need to know well and follow the procedure for registering an accident without the traffic police.

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Reporting an accident to the traffic police

The law provides for the possibility of registering an accident without calling traffic police officers to the scene of the accident.

As soon as an incident occurs you must:

1. Stop the car.
2. Turn on the hazard warning lights.
3. Install a warning triangle 15 meters behind the car in the city and 30 km outside the populated area.

Note!

If you do not put up an emergency stop sign, you may be issued a fine of 1,000 rubles. The number of signs displayed must correspond to the number of cars.

After this, you need to assess the situation. If someone is harmed, it is necessary to call an ambulance and the traffic police. If not, then if all the following conditions are met, there is no need to call the traffic police; it will be enough to fill out only the Europrotocol:

1. There are 2 cars involved in the accident.
2. The drivers agreed among themselves who was guilty.
3. The amount of damage does not exceed 100 thousand rubles.
4. The accident occurred on the territory of the Russian Federation.
5. Both drivers have an MTPL policy. If a foreign car is involved in an accident, then a “green card” is required.
6. No harm to health.

The scene of the incident must be photographed and videotaped. If it is not possible to register an accident using the European protocol, then you need to call the traffic police and follow the instructions.

Note!

To call the traffic police, as well as other services, you need to call 112.

Traffic police representatives come to the site, inspect, take photographs and interview witnesses. If one of the participants in the accident has disappeared, then the probable direction of movement is established and the information is transmitted to the duty station.

After all necessary actions have been completed, all data obtained is entered into the protocol. If drivers agree with the information contained in the document, they sign.

In the event that no one’s health was harmed in the accident, no damage was caused to state property, and the guilty driver agrees with his involvement, then the employees can only record the fact of the accident and invite them to the traffic police department to fill out documents.

Those involved in an accident will be required to undergo a test for intoxication. To do this, inspectors may be asked to breathe into a tube or sent to a medical facility.

Contacting the insurance company

After completing all the necessary documents documenting the traffic accident, you must provide the papers to the insurer to receive monetary compensation. A victim who is wondering what to do after registering an accident should know that first of all he needs to notify the insurance company as soon as possible about the road traffic incident, for example, by telephone.

Application deadlines

Notification of the incident, in accordance with clause 3.8 of the MTPL Rules, must be submitted when contacting the insurance company after an accident within five working days. The transfer of documents can be done in person or in any way that confirms sending. If the document is sent by fax, then the original must be sent by registered mail on the same day.

To obtain insurance after an accident, the victim must contact his insurer, if the accident involved two vehicles, damage was caused only to cars, and both drivers have compulsory motor liability insurance policies.

When one of the drivers does not have insurance or the insurance company of the person responsible for the accident is declared bankrupt and its license is revoked, the victim should file an application with the Russian Union of Auto Insurers (RUA).

The victim turns to the insurer of the person responsible for the accident in all other cases.

Thus, the procedure for contacting an insurance company after an accident should consist of five stages:

1. Reporting by phone or other means about what happened.
2. Carrying out an independent examination that will allow us to assess the amount of damage after an accident.
3. Writing an application to the insurance company.
4. Providing in person or in another way confirming the sending of the required package of documents.
5. Waiting for the result of reviewing the documents: if positive - monetary compensation, if negative - refusal in writing with motivation.

Documents for obtaining insurance

The application to the insurance company must be accompanied by basic and additional documents for insurance after an accident.

Main documents:

• notification of an accident;
• a certificate of an accident issued by a police officer;
• protocol on administrative offense (copy);
• resolution on an administrative offense (copy);
• ruling on refusal to initiate proceedings on an administrative offense, copy (if available);
• passport or identity card (notarized copy);
• Bank details for making payments by bank transfer.

Additional documents:

• vehicle registration certificate or vehicle passport;
• ownership documents (in case of damage not only to the car);
• documents that prove the right to insurance payment in case of damage to property owned by another person (rental agreement, leasing agreement, etc.);
• conclusion of the examination (if any);
• documents received as a result of payment for an independent examination (in case of payment by the victim);
• documents received as a result of payment for the evacuation of a damaged vehicle;
• documents received after payment for storage of the damaged vehicle until the examination;
• additional documents required to justify payments.

The insurer has no right to demand from the victim documents that are not prescribed in the Insurance Rules.

A separate list of documents must be collected in case of harm to human health.

Independent registration of an accident

If the accident meets all the conditions of the European Protocol, then there is no need to call the traffic police. Drivers fill out the forms themselves and submit them to their insurance companies no later than 5 days after the accident. An accident notification form is usually issued by the insurance company when purchasing an insurance policy. If there is no blank form, then you need to take it from the nearest office or download it from the Internet.

The forms issued by insurance companies consist of 2 sheets. There is no need to separate them. The first sheet is self-copying. It needs to be filled out with a ballpoint pen, then the information on the second one will be automatically duplicated.

All fields must be filled out in block letters. Marks and corrections are not allowed. On the front side you must enter information regarding both participants in the accident, and on the back side each driver writes about himself separately.

The information recorded must be true, and both drivers must agree on all points.

When filling out the European protocol, you should try not to get confused in terms. For example, “stop” and “parking”, “overtaking” and changing” are all different concepts.

In the “Notes” column you can indicate the presence of photos and video materials.

Note!

If drivers have contradictions, you need to call the traffic police.

If there are no disagreements when filling it out, then there is no need to go to the traffic police. The protocols must be submitted to the insurance company. This must be done no later than 5 days. You cannot restore the car yourself until an inspection by the insurance company is carried out!

Left and returned

In the event of a traffic accident, the driver involved in it is obliged to immediately stop (not move) the vehicle, turn on the hazard lights and display a warning triangle, and not move objects related to the incident. However, this is not always possible to do.

What actions should you take if you are involved in a minor accident? More details

If, for example, you do not separate from your neighbor in the yard, the damage is minor, there are no disagreements and you do not have an accident notification form at hand or you are in a hurry, then with mutual agreement it is theoretically possible to postpone the documentation of the European protocol until the next day, having previously recorded it on camera car location.

However, there is a certain risk in this. There have been cases when one of the drivers, for some reason, changed his mind, returned to the scene of the accident and called the traffic police. The inspectors who arrived at the scene of the accident, without finding the second participant in the accident, based on the results drew up an administrative protocol under Part 2 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation for leaving the scene of an accident and sent him to court, since this offense provides for deprivation of the right to drive vehicles. And already in court, the car owner long and persistently proved that he left without malicious intent, but by agreement with the second participant in the accident. Therefore, it is better to spend 20-25 minutes filling out the European protocol and avoid misunderstandings in the future.

Question answer

Is there a deadline for contacting the insurance company after an accident? And there are a lot of misunderstandings and misunderstandings among motorists. It happens that after a conversation with his wife or friends, one of the participants in the accident will reconsider the situation and begin to dispute his guilt in the accident. In this case, to register the accident, you will have to call a traffic police inspector, who, since both left the scene of the accident, can draw up appropriate reports on both. Therefore, again, it is better to draw up a European protocol immediately after an accident.

If you decide to part ways without mutual claims against each other, then I would recommend exchanging the relevant receipts so that none of the participants in the accident changes their mind in the future and does not create problems for the other.

Deadline for submitting an application to the traffic police about an accident

If a European protocol cannot be drawn up and the drivers have not agreed on a peaceful resolution of the conflict, then the traffic police should be called immediately. The law does not regulate the deadlines, but practice shows that if the application was recorded at least the next day, the application may not be accepted. This may be due to the fact that it is not possible to immediately inspect the scene of the accident, do a test for intoxication, etc.

If there is no opportunity to immediately contact the traffic police, then there must be documentary evidence of this.

How to draw up a petition to appoint an expert examination of an accident

Like all other examinations in civil cases, the court will order an examination of road accidents if the applicant proves its necessity. To do this, the applicant describes in the text exactly what legally important circumstances the examination must establish. This may be the fault of the participants in the accident, assessment of damage, establishment of cause-and-effect relationships between the accident and the resulting consequences that led to the filing of a claim.

A request to appoint an examination of an accident can also be announced orally. But then, if the judge refuses, it will be difficult to prove the validity of such a petition and the need for an examination. Even taking into account the fact that there is now a continuous audio recording of the court hearing. All the same, it is better to make the petition in writing according to the example given. Apply at the preliminary hearing, at the beginning of the main court hearing.

The text of the petition must indicate a list of questions for the expert to resolve. You can point to a specific expert institution whose experts have the necessary qualifications.

It is important to pay attention to the attachments to the application. If the applicant would like to use additional evidence, it must be attached to the case file (request for additional evidence).

Necessary documents for registration

In order to confirm the fact of the accident and its nature, the parties must record in a photo or video the positions of the vehicles, all traces, things that are related to the incident, and list the extent and nature of the damage. The next step is to clear the road if cars are obstructing normal traffic. A notification of an accident is filled out together, which is necessary, first of all, to receive insurance payments. You also need to draw up and sign a diagram of the incident. It is the notification of the accident and its diagram that will be needed when submitting an application to the traffic police. The application for an accident does not have a strictly established form, but a number of facts and data are defined, the indication of which is mandatory. Among them:

• The unit to which the application is being submitted, as well as the title and full name of the inspector receiving it;
• Full name of the applicant, his passport details, driver's license number;
• All participants in the incident, data on cars, their owners and authorized representatives;
• Drivers' full names, vehicle model, number and name of the insurer;
• Full name, passport details, address and driver’s license number of authorized persons;
• Description of the circumstances and causes of the accident, damage to the vehicle;
• Date, signature.

Previously, the application was submitted mainly in order to obtain a certificate in form No. 154 about an accident. Now this issue is less relevant. It is also worth noting that the legislation today does not provide for the possibility of withdrawing a submitted application. It immediately goes to study the circumstances of the case. However, administrative or judicial proceedings may be terminated due to the insignificance of the act. This can also be achieved if the parties have reconciled during the consideration.

Road traffic accident

After an accident occurs, participants must fulfill the requirements stipulated by the Traffic Rules, which may include: completely stopping the vehicle, providing first aid to victims, installing appropriate signs indicating the location of the accident. Regardless of the alleged guilt of one or another participant in the accident, the traffic police department should be immediately notified of the fact of the accident. The Federal Law “On Compulsory Civil Liability Insurance of Vehicle Owners” (OSAGO) provides for the possibility of receiving an insurance payment in the event of undeniable guilt of one party, the absence of other victims, and the estimated damage not exceeding 25,000 rubles.

An experienced car accident lawyer can provide a comprehensive assessment, while persons who do not have special skills in assessing the extent of damage to a car, as well as those who are not able to immediately orient themselves at the scene of an accident and determine the culprit of the accident, should be guided by the general rule and wait for the police to arrive.

In simple cases, when one party confirms guilt, police officers draw up a report on an administrative offense on the spot, as well as a resolution on the case of an administrative offense in relation to one of the participants in the accident.

In difficult cases, when the guilt of a person is not obvious, a date and place are set for the so-called. "debriefing groups". It is advisable for any party to seek professional legal assistance. The services provided by road accident lawyers in such cases are significantly less expensive than the costs that may be incurred by road accident participants who do not know the intricacies and nuances of interaction with insurance companies.

When registering an accident, the parties must indicate the significant, in their opinion, circumstances of witnesses to the accident in their explanations filled out on the spot, make appropriate notes on the accident diagram, as well as the protocol. With the technical capabilities available today, it would be useful to take detailed photographs of the location of cars, brake marks, and vehicle wrecks.

Later, during an administrative investigation (in the “analysis group”), these photographs, as well as data stored in the memory of the video recorder, and witness statements will be added to the investigation materials and can help prove their position in the case.

A car accident lawyer specializing in such cases will help you correctly formulate your version of the incident, present the necessary and sufficient evidence, and will also be able to submit reasoned requests for the appointment of technical examinations.

Is it always necessary to call the police to the scene of an accident?

Since July 1, 2015, a new procedure for registering road accidents has been put into effect, which is applied in cases where calling traffic police inspectors is not necessary. We are talking about the so-called European protocol, which can only be applied if a number of conditions are met:

• Only 2 vehicles are involved in the accident, no more;
• both drivers fully agree with the causes of the accident and its circumstances;
• vehicle owners have a valid MTPL policy;
• the accident did not result in injuries to people - drivers or passengers;
• the damage to the cars is not serious (damage less than 50 thousand rubles or 400 thousand rubles in the case of Moscow, Moscow region, St. Petersburg and Leningrad region);
• both car owners agree to independently fill out the road accident report and related documents, and then submit them to their insurance company.

Traffic rules and other regulatory documents do not allow registration of an accident without the presence of traffic police in the following cases:

• 3 or more vehicles were involved in the accident (the trailer is considered a separate vehicle);
• the amount of damage caused exceeds 50 thousand rubles;
• as a result of the accident, people were injured, including pedestrians;
• one or more drivers behave inappropriately and aggressively, are under the influence of alcohol or drugs;
• During an accident, private, municipal or federal property (advertising banners, fences, lamp posts) was damaged.

Under no circumstances should you drink alcohol or strong sedatives, despite strong emotional arousal and a state of shock. Traffic police officers may interpret this as driving while intoxicated.

After calling the traffic police inspectors, the participants in the accident do not have the right to leave the scene of the accident, rearrange their vehicles or change other objects that can help correctly qualify the road accident. You can pick up your car only after completing an administrative protocol.

Legal assistance in case of an accident

This article presents typical situations, as well as the most common difficulties. For review, we offer several statements of claim prepared by employees of the Moscow Legal legal bureau, for which positive decisions were received.

It is important to remember that with timely contact with lawyers specializing in road accident cases, a person whose property has been damaged is able to obtain the maximum possible compensation, even when the insurance company does not pay a reasonable amount of money, or when it is necessary to recover damages from the culprit of the accident.

In addition, expenses incurred by the party for the services of a lawyer (lawyer) rendered in connection with an accident are also subject to reimbursement. Moscow is as convenient as possible for the clients of the office - on an ongoing basis we cooperate with leading independent expert organizations that have positive experience in the field of appraisal and forensic examinations.

Consideration of a request to appoint an expert examination of an accident

The court will consider the received request to order an expert examination of the accident at a court hearing with the participants in the process and ascertain the opinions of the persons involved in the case. The court must examine the reasons that prompted the person to file a petition, the purpose and necessity of its implementation. The expert's opinion should become one of the evidence in a civil case. Participants in the case may file an objection to the motion, prepare their own questions for the expert, or request an examination by another expert.

An examination of an accident is carried out on the basis of a court ruling. The refusal is not subject to independent appeal, but arguments about disagreement with such actions of the court can be included in the appeal of the case. The law does not allow you to re-submit a petition to appoint an expert examination of an accident unless new circumstances have been discovered in the evidence.