When can I apply?
Registration of the Europrotocol is provided only if all the following requirements are simultaneously met:
- there are no victims;
- Only two vehicles (including vehicles with trailers) are involved in the accident;
- both drivers have valid MTPL policies
- drivers are included in existing MTPL policies or if the vehicle is registered in a foreign country, the civil liability of the owner is insured within the framework of international insurance systems, taking into account the features provided for by law;
- motorists assume that the damage does not exceed the maximum payment amount (100,000 rubles is the general rule);
- both participants agree not to call the police;
- the culprit has been identified.
If at least one of the requirements is not met, drivers are required to call the traffic police. The same applies to situations in which the circumstances of the accident are uncertain or the assessment of damage is difficult.
How to properly file a notification in case of an accident in 2021?
Once you have the Europrotocol notification form in your hands, make sure it has a back and front side. In 2021, the data indicated on the front must be printed on the back. You need to fill out the fields of the European protocol with a simple pen. Gel ink is not suitable. They will smudge. A pencil is also not suitable, since words written with it can be easily erased.
In the notification form for a traffic accident, each driver will have to fill out his own separate column. Data regarding their cars should be present here. The relevant information is indicated on the front area of the notification form, in specially designated fields.
Note! The presence of damage to the car and its nature is indicated in paragraph 14 of the form. You must fill it out carefully.
The nature of damage in a traffic accident should be stated concisely, without forgetting any important details. Make sure that the other participant in the accident does not add details to the European protocol that are not related to the actual incident. In 2021, it is allowed to use various kinds of terms indicating the nature of the damage received: “there are scratches”, “cracks are found”, “dents are received”, etc. Inspection by an expert is required if there are hidden defects.
The circumstances of the accident are displayed in paragraph 16. Be concise and describe all details in the Europrotocol truthfully and clearly. In addition, it is necessary to correctly describe the maneuver of the car at the time of the accident.
Please note that:
- Parking and stopping are not the same thing. Drivers who are stopped when the light is red often write on the form that they were “parked.” This is not true. A more precise description is required. Look at point 22. It sounds like “Stopping at a red light.”
- “Overtook” or “Changed lane” - these positions should be noted if there was a change from lane to lane or vehicles overtook one another.
Paragraph No. 17 of the European protocol shows the diagram of the incident. It includes markings of the roadway, displays the names of roads, streets, traffic lights, road signs, signs, the direction of movement of vehicles before the accident, the final location of vehicles. In general, everything that is directly related to the incident is indicated here.
If it was not possible to indicate all the details in the “Circumstances” paragraph, then additions can be made through special comment points. In the appropriate column, the participants in the accident put their signatures, thus confirming the accuracy of what is stated in the protocol.
After filling out the front side of the notification form, car owners need to disconnect their parts and sign them. You will also need to sign other people’s sheets, and not just your own copies of the form. After this, they begin to fill out the reverse side of the European protocol. It is intended to provide information about a traffic accident, notes and various types of postscripts.
Sometimes it happens that there is not enough space for all the information. You can take any blank sheet and make notes on it, and then attach it to the main form. The note “With attachment” on the main sheet is required. This application must be certified by two drivers. To do this, they will have to put their signatures on the notice.
If any important data is missing in the European protocol, in 2021 the insurance company has the right to independently collect it. This may cause delays in insurance payments. It is possible that the company will refuse to recognize your case as insured for the same reasons.
Fill out the European accident report form legibly, do not skip points that, from your point of view, seem insignificant. If you don’t know what to indicate in a specific column, then at least indicate something like “No information” or “No comments.” As a last resort, you can put a dash. If the form is accidentally damaged or lost, you must create a new copy and reissue it.
Sometimes, after filling out the forms and separating them, it becomes necessary to make changes to some columns. After the corrections are made, drivers will be required to sign the document. If for some reason one of the participants in the accident refuses to sign the European protocol form, then drawing it up, in fact, is impossible. In this case, the participants in the incident will have to call the traffic police to determine further actions.
What should the driver do?
An accident is a stressful situation, but the driver must quickly pull himself together and perform a number of simple actions:
- Stop the car. Regardless of the surrounding circumstances, you cannot continue moving. You need to leave the car and roughly assess the damage.
- Put up a warning triangle.
- Record on a photo or video camera the scene of the accident, damage, license plates and brake marks.
- Obtain personal information of witnesses: full name, address, telephone number. It is advisable to ask for written testimony.
- Fill in the form.
Compensation for damage under the European protocol in 2021
In August 2014, the maximum payments under the European protocol were 25 thousand rubles. Subsequently, amendments were introduced, thanks to which this mark reached 50 thousand rubles. In 2021, the maximum payout when drawing up a protocol without a mobile application is 100 thousand rubles, regardless of disagreements.
If the parties come to a common opinion about the culprit and decide to do without authorized persons when registering an accident, and have the opportunity to attach data in the “Road Accident.Euro Protocol” application, the amount of payments for them under the Euro Protocol will already reach 400 thousand rubles. This is the maximum limit provided for by compulsory motor liability insurance.
How to fill out the Europrotocol
The Road Accident Notification form itself is issued by the insurance company when applying for a policy, but if the form is left at home, you can download it from the official website and print it out.
Filling out the paper takes place in two stages. The circumstances of the accident are described on the front side, and additional information is reflected on the back side.
It is necessary to fill out 2 forms (according to the number of participants in the accident).
You must enter in the form:
- The scene of the accident. If we are talking about a route, you must indicate the name and kilometer.
- The exact date.
- Number of damaged vehicles (one or two).
- Number of victims (none).
- Inspection (not carried out).
- Information about material damage. If a personal item in the car, for example a laptop, is damaged, it is also indicated in the document to receive compensation.
- Contacts of witnesses.
- Registration of traffic police officers (not carried out).
- Information about the vehicle.
- Driver data.
- Information about the insurer.
- Numbers and validity periods of OSAGO.
- First strike diagram.
- Detailed list of damages.
Next, you need to describe the accident and draw up a diagram. It marks the section of the road where the accident occurred, including street names, house numbers, markings, signs, and traffic lights. Next, the vehicles (A and B) are drawn with rectangles, highlighting the direction with arrows, and the impact with a cross. It is useful to indicate skid marks, potholes and other details related to the accident. Below each symbol is given a description.
At this stage, the front side of the form is completed. On the back, you must indicate the circumstances of the accident from the driver’s point of view and the person driving at the time of the accident. They also describe damage to personal belongings and note the presence of photo or video recording.
Any corrections are confirmed by the signatures of both parties.
In what cases is a European protocol issued in 2021?
In 2021, the European protocol designates an option for registering an accident in which you do not have to resort to the help of traffic police inspectors. Participants in the incident will independently attest to the traffic accident. Thanks to the registration of a European protocol in the event of a traffic accident, it is possible to quickly clear the roadway for the passage of other cars. Car owners themselves who are involved in an accident receive the advantage of saving time. If the documents are completed correctly, the injured party claims insurance payments.
Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.
The Europrotocol is officially approved for registration in any region of the country.
The Europrotocol can be drawn up in 2021 if:
- as a result of the accident there was a collision between two cars and no more;
- as a result of the traffic accident, drivers, passengers and pedestrians were not injured;
- damage was recorded exclusively to vehicles involved in the accident, no damage was caused to other property;
- both cars are insured under MTPL or Green Card;
- the participants in the accident have a similar opinion about the incident, as well as regarding all its aspects (who is to blame, the nature of the damage, etc.).
- In 2021, in accordance with Resolution No. 1414 D.A. Medvedev, the European Protocol can be drawn up even if there are disagreements. If at least one of the participants in the accident has a car equipped with special GLONASS-based systems that are capable of transmitting uncorrected information to the automated MTPL information system, then you can safely draw up a Europrotocol even if there are disagreements.
If there are no GLONASS devices, but there is a special mobile application “Road Accident. Europrotocol”, you also don’t have to call the traffic police even if there are disagreements. Using this application, you can take a photo of the damage, and it will automatically transmit the uncorrectable information to the AIS OSAGO. It will even tell you what and how to shoot. Download the application “Road accident. Europrotocol" on a smartphone is available in the App Store for iPhone or on Google play for Android for free.
If at least one of the above conditions is not met or the car owners involved in the accident have disagreements about what happened, traffic police inspectors will have to be called in 2021.
If all conditions meet the requirements, you must turn on the hazard warning lights and put up an emergency sign at the scene of the incident. Following this, drivers can begin filling out the Europrotocol notice.
If a car owner uses a “Green Card” (a foreign-made analogue of OSAGO), then he should go to an information center operating in Russia.
The amount of compensation for expenses in case of a traffic accident in 2021 is an important parameter. If it is no more than 100 thousand rubles, a European protocol can be drawn up. If you have Glonass or a special application on your smartphone, the compensation limit under the European protocol in 2021 increases to 400 thousand rubles. If we are talking about more significant accidental damage, then it will not be possible to resort to such a simplified procedure in the event of an accident.
The European protocol form is issued by employees of insurance companies. If the owner of the car has an issued MTPL policy, a Euro protocol form is also included with it.
Recommendations for filling
Claims are made for incorrectly completed documents. Problems often arise if the driver:
- fills out the form with a pencil;
- writes illegibly (when the handwriting is peculiar, it is better to use block letters);
- makes mistakes, blots (if there are any, it is advisable to take new paper);
- leaves empty fields;
- uses abbreviations for passport data.
You should familiarize yourself with these requirements before starting to fill out the document.
Law on registration of road accidents without traffic police officers
The possibility and circumstances of drawing up a European protocol in 2021 are regulated by the following regulations:
- Federal Law of April 25, 2002 No. 40-FZ “On OSAGO” (Article 11.1).
- Federal Law of July 21, 2014 No. 223-FZ, which included clause 11.1 in the previous law, allowing for the possibility of registering an accident in 2021 without the participation of representatives of the traffic police.
- Federal Law of December 29, 2017 No. 448-FZ, which corrects the above standard in terms of the procedure for the conditions for drawing up the European protocol.
- Regulation No. 431-P dated September 19, 2014, approved by the Russian Central Bank and defining the rules of compulsory motor liability insurance.
Additional information
It is also expected that appropriate changes will be made to the traffic rules, but these issues are currently still being considered.
Help with registration
Drivers do not always cope with the Europrotocol on their own. However, if motorists still do not want to call the traffic police, they can seek help. It is provided by the insurer. Drivers can call the company manager, who will advise them remotely.
The mobile application “OSAGO Assistant” (available on Android or iOS) may also be useful - free and easy-to-use step-by-step instructions for filling out. But, unfortunately, the application is not available for residents of some regions. This application only works if the State Services application with an active profile is already installed on your phone. To enter your personal account, the user enters the login and password with which he registered on the State Services portal. The service will begin dictating steps and asking questions, and will display windows for entering personal data. Motorists will only need to draw a diagram.
There are also other private companies that offer assistance in filling out, but we do not recommend contacting such organizations for security reasons - to avoid transfer of your personal and other personal data to third parties.
Actions of the culprit of an accident under the European protocol in 2021
The culprit of a traffic accident always runs the risk of facing unexpected costs. That is why he needs to be careful when drawing up the European protocol. Sometimes it is difficult to understand how much it will cost to repair a single part of someone else’s car. The opinion of the victim is often subjective and erroneous. To get a rough idea of the cost of restoration work, it makes sense to contact the dealer of the car manufacturer.
If you, being the culprit of the accident under the European protocol, suspect that the cost of repairs is higher than the level of maximum payments, in 2021 it is better to file an accident using the help of traffic police officers. This will take more time, but will avoid financial claims.
The maximum payment for registration of an accident involving police officers is 500 thousand rubles. The culprit is required to pay extra for car repairs only when the cost of restoration work exceeds this amount.
If the victim, for one reason or another, refuses to contact the traffic police, the person responsible for the accident must request a receipt from him indicating that there are no claims. In this document, he must indicate that he has no financial claims regarding the damage caused to his car. This refers to the part that exceeds the level of the maximum possible insurance payment under the insurance contract, according to the European protocol. In the receipt, the victim must indicate the date of execution of this document and put his signature.
It is advisable that the injured party in an accident provide additional information:
- about the cars involved in the accident;
- detailed information about those involved in the incident, including their driver's license numbers.
Reasons for refusal of payments
- more than two participants in an accident;
- There are people injured;
- The culprit has not been identified.
- The protocol was declared invalid:
- The form is signed by only one participant.
- At least one of the signatures is missing: signatures are placed twice on the front side of the paper. On the back - once.
- The information is unreadable. This applies not only to handwriting, but also to defects: drips, stains.
- The MTPL policy is unsuitable: expired, counterfeit or missing.
- The testimonies of the participants differ.
- The person at fault for the accident is not included in the policy.
- Information is incomplete (empty columns).
- The information is incorrect (for example, the wrong number on the license plate). Sometimes the insurance company gives the opportunity to correct the mistake, but it is more profitable for it to invalidate the document.
- Corrections and errors are the most common reason for failure. The reliability of the information and the correctness of its entry are also important. The company may refuse even due to a grammatical, punctuation error, etc.
- Violation of the deadlines for notifying the insurance company and obtaining the necessary documents (insurance companies often take advantage of the fact that people cannot prove the fact of timely contacting the insurance company because they do not have marks of acceptance of documents).
- damage that is not subject to compensation. This category includes moral damage, non-insurable cases (accidents involving a training vehicle, intentional accidents, etc.), situations where damage assessment is impossible.
- did not send the Notification form (Europrotocol) to the insurance company within the deadline (5 days)
What is the cost of the Euro protocol?
In 2021, the Euro protocol form itself is worth nothing. It is often provided when applying for compulsory motor liability insurance. But if you do not have such a form available, you can go to your insurer and get a copy.
The European protocol form can be downloaded and printed here. Car owners can fill out the form themselves or seek the help of an emergency commissioner. In this case, they pay for the specialist’s service themselves, in accordance with the tariffs for registering a traffic accident within their own city. Registration under the European protocol in 2021, i.e. filling out a notice of a traffic accident, will cost from 1000 rubles, at least, depending on the organization. This is the price if the expert is independent. The procedure will be simplified if the assistance of the emergency commissioner is provided under the insurance policy.
You can obtain European protocol forms for free from your insurance company.
Some companies provide an emergency dispatch service only for expensive cars, the cost of which is $50 thousand or more.
If a driver takes out a cheaper policy and relies on the services of an emergency commissioner, he will have to pay an additional 5,000 rubles. But this situation is not observed in all companies. You can compare services from different insurance organizations. You may be able to find a profitable option that does not require significant overpayments.
What happens if I fail to pass the European protocol?
Attention
In accordance with the provisions of Art. 14 of Federal Law No. 40-FZ, the insurance company has the right to make a response claim for compensation for damage paid under the compulsory motor liability insurance contract to the victim by the person responsible for the accident, if he has not been provided with a European accident report within five days, excluding weekends or holidays.
Therefore, in addition to the inability to receive the funds due from car insurance, if the motorist does not submit his copy of the European protocol to the insurance company within the prescribed period, he should be prepared for the insurer to submit recourse claims under compulsory motor liability insurance.
Insurance notification period
IMPORTANT
In 2021, according to paragraph 2 of Art. 11.1 of Federal Law No. 40-FZ, the driver who filled out the notice (both the culprit and the victim) must submit the document to the insurance company within five days (excluding holidays and weekends) after the date of the accident indicated in the European protocol form, otherwise the insurance company has the right to refuse compensate for damage.
The driver is not allowed to independently restore the car over the next fifteen days until it is inspected by representatives of the insurer or specialists from an expert organization appointed by the Insurance Company (if necessary).
Drawing up an accident diagram
IMPORTANT
In paragraph seventeen of the European protocol, it is necessary to depict a diagram of the incident. If the space allocated for this on the general form is not enough, the diagram can be executed separately, with an appropriate note about the presence of attachments to the notice at the end of the second page.
The diagram on the European protocol is a graphical representation of an accident; step-by-step instructions for its implementation in 2021 are as follows:
- the name of the document, the date and time of its preparation are noted;
- a plan of the area is drawn, with marks of nearby objects and infrastructure features, and other details;
- indicates the name of the street or kilometer of highway where the accident occurred;
- road marking lines, signs, regulatory means (traffic lights) and other features regulating the order of traffic in a given area are depicted;
- the location of the vehicles after the collision is indicated with the designation of each vehicle by the corresponding letter of the alphabet used when drawing up the notification form;
- it is noted how the cars moved before the accident;
- the collision location is indicated by a cross;
- other circumstances that play a role in a complete description of the circumstances of the incident are recorded.
At the bottom of the diagram, it is necessary to provide a decoding of the symbols used in drawing up the diagram; the surnames and initials of the drivers involved in the accident are recorded. Drivers sign, adding a phrase stating their agreement with the drawn up plan. If there are eyewitnesses, they must also sign the specified diagram indicating their basic data.
An approximate example of such a scheme.
Required documents to submit to the insurance company
When submitted to insurance in 2021, the Euro protocol is accompanied by documentation specified in the insurance rules in force in a particular organization. The standard list of required documents is accompanied by:
- an application on a form developed by the insurance company for compensation for losses in the event of an accident;
- the applicant’s passport or other equivalent document;
- driver's license;
- STS car;
- MTPL insurance contract, in which the driver of the car is included;
- photographs and video materials, testimony about the circumstances of the accident, data from the technical means mentioned in Art. 11.1 of Law No. 40-FZ.
This is a general list of required documentation, but in some cases additional papers may be required, according to the rules in force in a particular insurance company.
Consequences of wrong actions
The rights of all participants in an accident under the European Protocol and the insurance company are regulated by amendments dated 02.08.2014 to the Law on Compulsory Motor Liability Insurance. The insurer of the culprit of the accident pays insurance compensation within the maximum amount at the request of the insurer of the injured party.
After this, all the rights of the victim in terms of claims against the culprit are transferred to him. In particular, the insurer has the right of recourse to the insurance payment in accordance with Art. 14 Federal Law No. 40 .
Regression, i.e. the demand for the return of the amount paid by the culprit of the accident is determined only through the court at the claim of the insurer. It may occur in the following circumstances:
- A copy of the Europrotocol, which remained with the culprit and signed by both parties, was not sent to the insurer. The deadline for sending a notice is 5 working days after drawing up the Europrotocol; an explanation of this condition is contained in the Information Letter of the Bank of Russia dated March 26, 2019 N IN-06-59/26. The document was canceled by Information Letter of the Bank of Russia dated September 20, 2019 N IN-06-59/71.
- The culprit of the accident repaired his car or handed it over for recycling within 15 days from the date of the accident. Such an action is assessed as concealing the circumstances of the incident. The period is counted only on working days (excluding weekends and holidays).
- The person at fault for the accident did not submit his vehicle for inspection to the experts of the insurance company within 5 days after receiving written notification. The insurer has every right to conduct an independent technical examination of the car to clarify the circumstances of the accident.
- General circumstances:
- driving while intoxicated;
- gross violation of traffic rules, which is punishable by deprivation of a driver’s license;
- intentionally causing damage to another vehicle.
All of these circumstances give the insurer the right to regress the insurance payment that was previously transferred to the injured party. The entire amount paid, as well as legal costs, will be refunded .