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.
About compensation for damage at the scene of an accident
It is possible to receive money from the insurance company in the event of a collision, but not immediately. If the damage was minor, then a receipt for receipt of money for the accident can significantly simplify this procedure.
In this case, there is no need to waste a lot of time, since such a document is drawn up on the spot and in most cases the funds are transferred on the same day.
A receipt for compensation for material damage in an accident must include several conditions. The main factor is the amount of compensation and the method of its transfer. It is important to take this point into account in the document. If the required amount is not available at this moment, by mutual agreement the transfer can be postponed for a specified period. It must be written down in the receipt.
It is also noted here that after receiving the established amount, the person has no claims. The document is valid for 3 years from the date of its preparation.
When can I write a receipt in case of an accident?
A receipt can be written both in a situation where the participants in an accident have no property claims against each other, and in a case where one person must provide another with a payment.
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The first situation arises if both car owners are to blame for the incident. Thus, both drivers will be found guilty of an accident if one of them was moving in reverse while leaving the yard, and the other drove into it without having insurance in hand and not knowing what the breathalyzer would show after yesterday’s party.
In this situation, both participants in the accident understand that it is better to understand what happened without involving traffic police officers. However, it is necessary to protect yourself from the fact that the other party changes the previously made decision and submits an application to the traffic police. In this situation, another participant in the incident may be held accountable under Article 12.27 of the Code of Administrative Offenses of the Russian Federation for leaving the scene of an accident. In this case, both participants in the accident draw up a receipt stating that there are no claims in the accident.
The issue of the amount of damage and the specifics of its compensation can be resolved right on the spot. In this situation, the receipt will record the obligations undertaken. The document can be drawn up by both parties or executed only by the victim. In this situation, the person writes that he has no claims against the second citizen. The document is certified by signatures. To protect yourself from unforeseen circumstances, it is recommended to indicate in the paper that the person responsible for the incident voluntarily pays the amount of money provided.
About the absence of claims from the pedestrian
If a pedestrian was hit as a result of an accident, depending on the severity of his injuries, a no-claims agreement can also be drawn up with him. In such cases, the citizen, as well as the vehicle, receives material damage.
In such situations, it is important to negotiate the amount of compensation for the injuries received, and then formalize the decision in writing. In the receipt, it is important to describe in detail the situation in which the collision occurred.
Next, the pedestrian must write in his own hand that he has no claims against the driver who committed the collision. At the end, the amount of material compensation to settle claims from the injured party is indicated.
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.
About the absence of claims from the injured party
There are cases in which the parties can come to a mutual decision after an accident that there are no claims. This often occurs when the damage is little or no noticeable. In such situations, a receipt is issued stating that there are no material claims against each other in an accident.
When there is no victim or harm received on either side, this fact must be written in the receipt by each of the participants in the accident. The circumstances under which the collision occurred are described in detail below. At the end of the document, each party must sign with the initials deciphered.
Legal force of documents
According to paragraph 2.6.1 of the Road Traffic Regulations (SDR), drivers involved in an accident are not required to report the incident to the State Traffic Inspectorate and can independently register a traffic accident using the Europrotocol.
This option is possible if (clause 1 of article 11.1 of the Federal Law of April 25, 2002 No. 40-FZ):
- no people were injured in the accident, damage was caused only to the vehicles involved in the collision;
- The accident occurred as a result of a collision between two vehicles, the civil liability of whose owners is insured by MTPL policies;
- the circumstances of harm caused in connection with damage to the vehicle as a result of an accident, the nature and list of visible damage to the vehicle do not cause disagreement between the participants in the accident.
But another option is also possible (provided that the damage was caused only to the vehicle): drivers do not file an accident at all, agree on compensation for damage without compulsory motor liability insurance and on the absence of claims against each other.
To refuse to call the police, only the desire of the participants in the accident and compliance with the specified criteria are important. Article 153 of the Civil Code of the Russian Federation states:
Transactions are recognized as actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations.
Any agreed actions by drivers after an accident fall under the definition of a transaction, be it a waiver of mutual claims, payment of damage on the spot, or payment in installments of a debt.
According to paragraph 2 of Art. 159 Civil Code of the Russian Federation:
Unless otherwise established by agreement of the parties, all transactions executed upon their very conclusion may be made orally, with the exception of transactions for which a notarial form has been established, and transactions for which failure to comply with a simple written form entails their invalidity.
Since the law does not establish the obligation to certify agreements in writing or notarize in case of an accident, drivers can agree among themselves orally. However, such an agreement is difficult to prove, and if one party behaves dishonestly, the other will have no evidence of an agreement being reached.
Therefore, it is necessary to legally record mutual agreement in writing. Written form is required if the agreement exceeds the amount of 10,000 rubles (Article 161 of the Civil Code of the Russian Federation). According to paragraph 1 of Art. 160 of the Civil Code of the Russian Federation, a simple written form implies the preparation of a document where:
- the contents of the transaction are indicated;
- there are signatures of the persons making the transaction.
Thus, any document that meets these conditions has legal force. And it doesn’t matter what it’s called - a receipt, a contract, an agreement. When drawing up simple agreements, it is easiest for the parties to write a receipt; more complex options are formalized in an agreement.
It is recommended that the receipt be written entirely by hand; in this case, it is easier to carry out a handwriting examination. The document can be certified by witnesses. Notarization is not required, but it will make the agreement even stronger.
If the culprit of the accident is ready to pay for the damage himself
When the culprit of an accident is ready to pay the amount of damage caused, two documents are drawn up. If the payment is made on the spot, the guilty party writes a receipt indicating all the circumstances of the violation and damage caused.
The amount of compensation is indicated in numerical and capital values, as well as the timing of transfer of the amount. The injured party writes a receipt, where he notes all the damage received and evaluates its value. It is further written that the amount was received by the person in the prescribed amount.
Sample receipt from the culprit
Procedure for drawing up the document
If a question arises about how to correctly draw up a receipt, then instructions for proper execution will be published so that it has legal force and issues with additional proceedings do not arise.
In case of a transport accident, a receipt is written by agreement of each party. If disagreements arise regarding the procedure for compensation or admission of guilt, it is better to call traffic police officers and insurance agents.
It is important to consider here that the form of the document is not fixed by law. Correct execution of the receipt establishes that this type of agreement can be used in court if the guilty party fails to pay the prescribed amount within the period indicated on the receipt.
This form of the document must contain the details of each party. The places of registration and identification data of vehicles must be indicated. On the reverse side it is necessary to indicate the circumstances under which the incident occurred and its exact location.
The paper is compiled as follows:
- the header contains personal information about the victim and the guilty party;
- the reason why the decision arose by agreement of the parties is described in detail;
- below it is indicated that each of the parties has no claims;
- At the bottom of the form the date of preparation and signature of the parties is indicated.
After it is drawn up, the victim does not have the right to go to court or the traffic police when compensation for material damage, if indicated, on the date of execution of the receipt, he received the amount indicated in it.
Refund
Funds can be returned based on a receipt directly at the scene of the incident. If the required amount is not available, the document can indicate the time after which payment will be made. If a person fails to comply with their obligation, legal proceedings can be initiated.
If the driver made the payment from his own funds, you can later try to return it by contacting the insurance company. The rule applies if at the time of the incident the citizen had an MTPL policy. When contacting the insurance company, you must provide the following documents:
- confirmation of the fact of the incident;
- completed receipt;
- OSAGO policy;
- evidence of harm.
Please note:
When contacting an insurance company, a citizen must fill out an application. It states that compensation was paid as a result of the incident. Insurance companies are reluctant to provide compensation. An examination can be initiated and the condition of the damaged vehicle can be assessed. If the repair has already been made, the procedure is difficult to carry out. Often you have to go to court. If a person manages to obtain funds from the policyholder, the driver's class is downgraded. As a result, the cost of compulsory motor liability insurance increases.
What information may be required?
To prevent any incidents from arising, and to ensure that neither party subsequently demands through the court that the agreement be declared invalid, the situation and all the details should be described in detail in the document regarding the accident that occurred.
To do this, you need to enter the following types of information into the document:
- data of the participants in the accident;
- type of compensation - payment for material damage or car repairs;
- registration address of each person;
- the fact of compensation if the action is performed at the time the receipt is issued;
- a detailed assessment of the damage caused with a description of all damages and an indication of the approximate cost of correcting them;
- signature of the guilty and injured parties.
When filling out the document form, the parties need to agree on the total amount of material compensation for damage. The claim will be precisely this, and if the parties to the accident come to a consensus on the established cost of repair work, the receipt will be finalized.
Otherwise, if there is a difference of opinion about the price, you will have to call the insurance service to estimate the cost of the work, which already cancels the legal force of such a document.
Rules for drawing up receipts
Receipts for road accidents may be different and differ in content, depending on which some features of the drafting may change.
However, first you need to consider the general rules for drawing up a receipt:
- the receipt is drawn up in any form, no special forms or forms are required, however, for recognition of legal force, minimum conditions must be met;
- The name of the document, date and place of its preparation are required;
- the main part describes in as much detail as possible the basis for drawing up the receipt, and sets out the obligations if they must be secured. In the absence of claims, an indication of the fulfillment of the obligation, or another basis for termination of the obligation at the will of the victim, is required. At the same time, no one forbids forgiving the culprit even without transferring money;
- at the end it is necessary to indicate the initials of the parties, their decoding, and also put signatures.
To clarify the features, it is worth considering each type of receipt separately.
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.
Why you don’t need to write a receipt on the spot
If the amount of damage incurred is significant and the amount of compensation will be large, it is better to formalize such an incident. In addition, if a third party is injured or involved in an accident, it will not be possible to draw up a receipt, since one of the participants in the collision will definitely disagree and will try to dispute his guilt.
Serious violations are subject to registration with the traffic police; if there are victims who need medical assistance, the receipt will be meaningless.
You should not draw up a report in a situation where a person cannot compensate for the amount of damage within 7 days. In most cases, if the culprit delays the reimbursement of funds for a long time, he will ultimately avoid fulfilling his obligations under the receipt in every possible way.
When at the time of the accident the culprit was under the influence of alcohol or drugs, there is no need to draw up a receipt, as this will be a fact of concealing a serious offense. In such actions, the victim, by releasing such a driver, exposes the public to danger.
Types of receipts
Often, incorrect actions in case of an accident, including inaccuracies made when drawing up a receipt, lead to an ambiguous interpretation of the document, legal proceedings or recognition of it as having no legal force.
To prevent the development of unpleasant consequences, it is worth studying the types of receipts and knowing the rules for their competent legal preparation. The most frequently used document is:
- if the victim has no claims against the person responsible for the accident;
- when the culprit of the accident pays compensation at the scene of the accident;
- in the absence of a dispute between the pedestrian and the culprit of the incident.
Even the most experienced and attentive driver can become involved in an accident. Therefore, it is necessary for all motorists to know the features of registration of various types of receipts.
“I have no complaints”
There are situations when, after an accident, the participants have no claims against each other. As a rule, drivers do not intend to call authorized employees if there are no injuries or damage to the car.
Most motorists know how to file an accident under the European protocol, but many forget to issue a receipt for no claims. Although this document will help avoid dishonesty of one of the participants and prevent the occurrence of disputes in the future. A “I have no claims” receipt for an accident, a sample of which can be downloaded on our website, is considered the most significant evidence of the innocence of either party in the event of a trial. In the absence of this document, one of the participants may be held liable for leaving the scene of the accident.
What to include in the document
A receipt indicating that the victim has no claims must contain the following details:
- date of accident;
- information about the participants in the accident: last names, first names, patronymics, passport details, addresses;
- information about witnesses indicating their full details.
The receipt is written in any form. The text must contain a detailed description of the circumstances of the car accident and the reasons that provoked its occurrence. It is necessary to reflect the absence of harm to human life and health, as well as damage to property. They end the receipt with an indication that there are no claims against the second participant in the car accident.
Both parties to the accident draw up receipts on their own behalf, but the signatures of the participants must be on both documents. The presence of a receipt guarantees protection from possible unlawful claims of any of the participants in the accident.
Important: if damage occurs to the car as a result of an accident, information about them must be reflected in the receipt.
The text of the receipt is typed randomly, the main thing is to indicate as completely as possible all the circumstances of the accident and the details of the participants. A sample receipt for no claim in case of an accident can be downloaded on our website.
In a collision with a pedestrian
Quite often accidents occur not only due to the fault of the driver, but also the pedestrian. If an accident occurs with a pedestrian, then not only the car, but also the person may suffer as a result. In such a situation, it is not difficult to determine the degree of guilt. If the participants in the car accident have reached an agreement on the amount of compensation and do not want to involve a traffic police officer, they need to draw up a receipt. At the same time, you need to know how to write a receipt in case of a minor accident.
Compilation rules
Like other types of documents, a receipt for an accident involving a pedestrian has a free form. But it must contain certain information:
- participant data - surnames, patronymics, first names, addresses and passport details;
- the circumstances of the incident with the smallest details and nuances;
- date of document execution;
- signature of each participant in the event.
Unlike the original, which bears the signatures of both parties, a copy of the receipt has no legal force. The exception is a copy certified by a notary or an official of an authorized government body. It is advisable to study what the completed sample looks like.
About compensation for damages for car repairs
If the at-fault party does not currently have money, the participants in the car accident may reach an agreement on compensation for damages after a certain time has passed since the accident. In this case, they issue a receipt for receipt of funds for the damage; a sample document can be found on our website.
In addition, the victim and the perpetrator can resolve the dispute by agreeing on repairs at the expense of the latter. The victim’s consent to some delay must be achieved, only then can a receipt be drawn up.
Tips for writing
A promissory note for an accident should be drawn up taking into account the following nuances:
- mandatory agreement on the timing of restoration repairs by the guilty party;
- recording of injuries received;
- settlement of the amount of damage, which is not subject to further change.
By drawing up such a receipt, the victim risks more than the guilty party. However, the possibility of developing negative consequences can be reduced by carefully checking documents and carefully preparing them.
Studying an example of a receipt
If possible, you should familiarize yourself with a sample receipt for compensation for damages in case of an accident in advance. In this case, you can avoid problems and litigation. The sample text is not static and is subject to change to suit the specific situation.
A receipt for car repairs after an accident will help you not to get confused at the scene of an accident, the approximate text of which is best studied in advance.
On payment of moral damages
As a rule, a driver injured in an accident suffers not only material losses, but also moral damage. You can compensate for the latter by preparing a special document for this purpose, a sample of which can be found on our website.
Making a return from the insurance company for compensation
There is an opinion that, having reimbursed the amount of material damage according to the receipt, the driver has the right to contact his insurance company and, on the basis of this compensation, reimburse the funds paid to the victim under the compulsory motor liability insurance policy.
Such forms of compensation do not exist and payment under compulsory motor liability insurance in case of an accident is carried out only on legal grounds, when the accident and damage to the vehicle have been documented by specialists of the company providing such forms of compensation. It will be impossible to return the money on receipt.
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