What kind of document is this and who produces it?
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The road accident resolution (also called certificate No. 154) is a mandatory document in case of any accident.
In the future, it will serve as proof that your car was damaged under certain circumstances, which are an insured event under CASCO or OSAGO, which is necessary when contacting an insurance company.
In 2021, the Law on road accidents under compulsory motor liability insurance has changed slightly; now it is allowed to register a collision without the participation of police officers for damage up to 50 thousand rubles .
Most often, it is drawn up directly at the scene of the accident, with the exception of minor incidents, which can be completed with the mutual consent of the drivers at the traffic police post.
The police officer in the document reflects:
- who is the culprit;
- who is the victim in this accident;
- circumstances of the incident.
There are cases when it is not immediately possible to determine who exactly is guilty of violating traffic rules, then a record is made that it was not possible to determine the culprit, sometimes the actions of both participants are cited as the cause of the incident.
All information in the certificate must be supported by testimony, other evidence and documents and be based on facts, and not on guesses and conjectures.
It is also necessary to include information:
- which participant in the incident violated which traffic rules (and whether he violated them in principle);
- what liability is provided for this or that offense;
- if necessary, a decision is made to order an examination to more accurately determine the causes of the accident.
A certificate of an accident is issued on the basis of Order No. 154 of the Ministry of Internal Affairs of the Russian Federation dated April 1, 2011. In it, the traffic police inspector notes that the accident really happened and all the circumstances of its occurrence.
First of all, it will be necessary for the insurance company for:
- receiving an insurance premium for damages;
- to file a claim in court, if necessary.
According to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 9.12. 2008 N 25 “On judicial practice...” not only the insurance company, but also the culprit of the accident is responsible for compensation for harm to the victim.
Therefore, the resolution of the Plenum of the RF Armed Forces on road accidents is quite often used when considering claims in court.
Sample resolution on road accident:
What documents are needed after an accident?
Let us remember that not all road accidents are reported by traffic police officers. Most of them are settled by the drivers themselves on the spot. But when disputes cannot be avoided, or when more than 2 vehicles were involved in the accident, or the liability of one of the drivers is not insured, then inspectors will file the accident.
And the set of documents here depends on a number of circumstances:
- how many cars were involved in the accident - you will have to wait the least amount of time for documents from the traffic police if there were 2 cars and there were no injuries,
- are there any casualties in the incident,
- are there any dead?
If the incident is without casualties
The absence of victims is another condition under which it is possible to register an accident under the European OSAGO protocol. With this registration of the incident, it will be enough for the victim to have a notice of the accident, signed by both drivers, and other documents from the MTPL Rules. Documents from the traffic police are not required at all.
If it was not possible to file an accident in a simplified manner - for example, if there is a disagreement about guilt or circumstances in the incident, then you will have to call and wait for the traffic police officers.
After registering the incident, the victim will need to provide the insurance company with one or more documents from the list:
- ruling on refusal to initiate a case regarding the APN,
- administrative violation protocol,
- resolution on an administrative offense,
- decision to terminate the proceedings,
- the court's decision.
A resolution (from paragraphs 3 or 4) or a determination can be issued to you by the traffic police. Perhaps they will be given along with the protocol, if one was drawn up. But they cannot issue both a ruling and a resolution at once - only one is drawn up. Of course, if we are talking about one violation of the culprit.
And it is these documents that most often do not have to wait long - they are drawn up directly at the scene of the accident. But only if an administrative investigation was not ordered - for example, if the culprit disappeared.
If there are injured or dead
When submitting applications to the insurance company after an accident with victims, when both property and people were damaged, you will need to provide both the above documents, which are issued by the traffic police or the court (one or more), and certified papers for compensation for damage to health and compensation for lost earnings . The list of documents on harm to health is specified in paragraph 4.1 of the OSAGO Rules, and on lost earnings - in paragraph 4.2.
Thus, in addition to the ruling/ruling/protocol or court decision, the victim may need to receive payment:
- a report received from a hospital with a specific diagnosis, injury and/or degree of disability,
- forensic medical examination report,
- certificate of disability,
- a certificate from an ambulance, if it was at the scene of an accident,
- certificate of average monthly salary, scholarship, pension or other income,
- any other documents that can confirm your income - even if it is unofficial.
Regarding the last point, there is no need to worry: neither the insurance company nor the courts automatically transmit information to the tax office. Although, if there is an obvious suspicion of an attempt to hide income from taxation, the official is obliged to notify the supervisory authorities about this.
If someone is killed, then persons entitled to this will be able to apply for compensation; more details about them and the necessary documents are indicated in paragraph 4.4 of the OSAGO Rules.
Where to pick it up
There are often situations when a police officer for some reason cannot immediately issue a resolution; in this case, a citizen can receive it from the traffic police within 24 hours after the accident.
In the event that the victim was unable to obtain a certificate at the scene of the accident, for example, he was injured and taken to the hospital, it will be issued subsequently either to the victim himself or his representative.
To obtain a certificate, it is necessary that the accident be recorded by law enforcement officers.
Only they have the right to register it, for this they must be called to the scene of the incident.
In cases where there are no injuries and both drivers agree on the determination of the culprit, they can:
- record the incident yourself on the diagram:
- save photos and videos;
- contact the nearest traffic police post to register an accident.
After drawing up and signing the document, each participant receives one copy of the certificate; a copy of the original with the fact of receipt of the certificate recorded in it by all those involved in the accident is taken by law enforcement agencies.
Deadline for issuing a decision on an accident
If the traffic police officers who arrived at the scene cannot immediately determine who is at fault for the accident, they forward the case to the police department.
Participants are given an order stating:
- the address where you will need to come for the certificate;
- date of visit to the department;
- appointed time.
In any case, the time frame for issuing a decision is no more than two weeks from the moment of the accident; if the parties do not agree on guilt in the incident, and one or all of those involved in the accident challenge it in court, the decision will have to wait two to three months.
As a rule, a certificate is issued immediately at the scene of the accident, but sometimes it is not possible to issue a resolution on the spot, for example:
- police officers are urgently called to the scene of another accident;
- There was a need to urgently move the vehicles involved in the accident.
In such cases, the traffic police inspector stops issuing the certificate, but only with the permission of the head of the unit, postponing it to a later date. The time frame for issuing a decision on an accident with victims is the same as in a more minor accident.
Who endures
The investigator must indicate in such a certificate who is the culprit and who is the victim in the road accident.
It happens that the official lists both participants in the accident as culprits, or displays information that it is not possible to determine the culprit driver.
All data that is entered must be based on regulatory documentation and also supported by facts.
Information is also reflected on which of the car owners violated which traffic rules, and what liability for such offenses is provided for by law.
When you have a decision on an accident in your hands for the insurance company, you can go to the company with which you entered into an insurance contract.
For this you have:
| in traffic accidents in which no one was injured | 2 months |
| in accidents in which damage to the health of the victim is caused | 6 months |
The insurance company will require the original resolution (the form that was filled out by the investigators). They will refuse to accept your photocopy.
Let us give an example of a drafted resolution.
The culprit disputed the document
Most often, car owners blame each other for the incident, citing various arguments that they are right, and it is quite difficult to figure out who is really right and who is wrong.
If such a situation occurs, it is necessary to strictly follow a certain procedure:
- do not move the vehicle after the accident, leaving it in the position in which it stopped after the collision;
- be sure to turn on the emergency lights and put up warning signs so that other cars do not aggravate the incident;
- call the police, draw up all the documents that are required;
- It is advisable to call a representative of the Investigative Committee to the scene of the accident.
If any of the participants does not agree with the determination of the culprit, it is necessary to record this fact in writing and contact the traffic police.
They must draw up an administrative report on the violation, and, if necessary, initiate criminal proceedings.
Only traffic police officers will have to decide on the guilt or innocence of each of those involved in the incident.
It would be a good idea to invite witnesses to the accident and a competent lawyer to investigate the accident. Only by doing this will a citizen be able to avoid a huge number of difficulties.
So, the document was drawn up at the scene of the accident, one of the participants admitted his guilt, but subsequently, after receiving a certificate, changes his decision.
This happens for various reasons:
- sometimes it’s just a state of shock after an accident;
- sometimes the consequences are more serious and the culprit does not want to be held responsible for them.
The motives are different, but the consequences are always the same - a citizen found guilty goes to court to challenge the decision on an accident.
The situation is not so rare, in this case the victim should do the following:
- collect as many documents as possible confirming his case;
- submit papers to the Investigative Committee and the court;
- try to find witnesses to the accident;
- wait for the court hearing without taking any more rash steps.
Why were they sent to the prosecutor's office after the accident?
After the accident, the investigator will draw up an administrative protocol or transfer the documentation to the traffic police, where the investigation will be conducted for 1 month or longer, if provided for by law (Articles 28.5, 28.7 of the Code of Administrative Offenses of the Russian Federation).
If there is an injured person, it is worth attaching a medical report to the case regarding the severity of the harm caused.
If such a document is not available at the time of visiting the traffic police department, the final decision is postponed for another 1 month.
In the event that the harm caused is determined to be severe or moderate, employees of the authorized body draw up a report to the management of the traffic police.
After this, all documentation on the case under consideration (including the decision on the accident) is transferred to the prosecutor, the inquiry or preliminary investigation authorities. The incident will be considered under criminal law.
How to appeal yourself
You have received a certificate of an accident, but you do not agree with what is written there. There is no point in going to the employee who discharged her and banging your fist on the table, it will not help.
The most legitimate decision would be to appeal the certificate to a higher authority or in court.
To challenge a document, there must be some inaccuracies or unreliable facts that you can confirm, namely:
- the certificate contains inaccurate information about you or the car;
- important circumstances that occurred during the accident are not indicated;
- damage to the vehicle is not fully described, or possible hidden damage during an accident is not taken into account;
- there is no information about the victims who were actually present;
- there are no signatures or a seal has not been affixed.
You can appeal such a certificate by writing an application addressed to the employee who compiled it, or, if he refuses to correct inaccuracies, then to his immediate supervisor.
The statement states that the accident report was drawn up incorrectly, lists point by point what exactly is not true, as well as a requirement to correct the inaccuracies.
Approximate structure of a complaint about a certificate from the traffic police about an accident:
- Introductory part. This includes information about the addressee, to whom exactly the complaint is being submitted, about the applicant, and, if a representative of the applicant is present, then information about the legal representative is added. Also, the introductory part briefly contains the content of the circumstances under which the paper was compiled.
- Descriptive part. This includes data on the incorrectly drawn up protocol, its number, date of compilation, legal qualification of the incident and the name of the employee who compiled the document, and other necessary information according to the resolution number.
- Motivational part. It describes the applicant's position, the rationale for this position with arguments, facts, inspection data and references to witnesses, and then a list of requests and petitions.
- Final part. In this part, the applicant indicates the requirements that he addresses to the official; references to the laws according to which the applicant asks for a decision on the complaint are mandatory. The attached documents are also listed here, as well as the date of filing the complaint and the signature of the applicant.
Sample of appealing the decision of the traffic police:
It is necessary, before picking up the document, to read it very carefully in order to subsequently avoid the discovery of any inconsistencies that would enable the insurance company to refuse to pay insurance.
