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.
Articles on the topic (click to view)
- Statement of claim for compensation for personal injury: sample 2021
- Statement of claim for compensation for damage caused by an accident: which court to apply to, sample 2021
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.
Independent registration of an accident
Clause 2.6.1. The new edition of the traffic rules allows you to register an incident without calling a traffic police inspector to the scene of the accident if:
there were no injuries as a result of the accident;
both participants are insured in accordance with the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” (OSAGO);
the participants have no disagreements regarding the reasons, circumstances, culprit and assessment of damage;
Expert opinion
Semenov Pyotr Evgenievich
Lawyer with 10 years of experience. Specializes in family law. Extensive experience in document examination.
If at least one of the listed conditions is not met, you should call the traffic police and call an inspector to the scene of the accident. If the parties agree to register an accident without an inspector, the following should be done:
use photos or videos to record the position of the vehicle, traces and objects related to the accident and damage to the car;
clear the roadway if cars are obstructing traffic;
jointly fill out an accident notification for the insurance company;
draw up and sign an accident diagram.
If a decision is made to register the incident with the traffic police, both participants must contact the nearest traffic police post or police station with a statement.
Deadline for filing an accident report with the traffic police
An accident report is submitted to the traffic police to obtain the necessary documents provided to insurance companies for compensation for material damage. The rules do not establish a deadline for filing a complaint, but this should be done on the day of the incident.
Numerous examples of later applications indicate that in almost all cases inspectors refuse to consider such applications. The reasons may be different, for example, the impossibility of conducting an examination for alcohol intoxication.
You should not listen to “advisers” who suggest that the date of the accident be “transferred” to the day of filing the application. This is a forgery that threatens criminal liability. The inability to contact the traffic police on the day of the accident must be documented - this is the only thing that will avoid problems with obtaining documents for the insurance company.
What to do if the culprit of the damage is road services?
If you know that the damage to the car was caused by road service employees, then the culprit is known.
The first step is to send a claim to the culprit stating that you would like to compensate for material damage.
The complaint should offer a voluntary settlement of the current situation.
If road services refuse to pay voluntarily, all that remains is to file a lawsuit. The claim must indicate the amount of material damages. To find out this amount, order an independent examination.
Why shouldn't you file a claim right away? There are 3 reasons for this:
- road services themselves punish workers for obvious mistakes, so you have a good chance of receiving compensation for losses in pre-trial proceedings
- to avoid going to court, road services can compensate for the damage in full, while the court can reduce the amount of compensation during the consideration of the case
- if the case does end up in court, the fact of your attempt to voluntarily resolve the situation will become an additional incentive to satisfy the claim
It is necessary to invite a representative of the road services to conduct an independent examination.
If you assess the damage without his participation, this may be regarded as an attempt to hide the real amount of damage.
Sample application to the traffic police about an accident
The application will be required in the event of an independent registration of an accident with a subsequent application to the traffic police to obtain a protocol for the inspection of the scene of the accident and procedural documents related to the consideration of the case of an administrative offense or refusal to initiate one.
The reason for filing an application may be a situation where one of the participants, for example, fled the scene of the incident or changed the initial decision made to do without involving inspectors. There is no standard application form, although some departments offer samples. The application should look like this:
Upper right corner of the sheet
Name of the territorial unit, rank, full name of the inspector.
Applicant's full name, passport details, address, series and driver's license number.
Below by
I (full name, year of birth) am a participant in an accident (indicate date, time, place and number of participants).
Participants in the incident (data of all cars, participants, owners and authorized persons):
Driver (full name), make and model of car, license plate number, name of the insurance company.
Authorized person (if any), full name, passport, address, driver’s license details. Power of attorney (number, date of issue).
Circumstances of the incident (describe the circumstances of the accident, causes and damage to the car).
Text of the application (Please provide me with documents for the insurance company (name) for compensation for material damage).
Road accident diagram with signatures of participants;
An accident notification completed and signed by the participants.
Date, signature of the applicant.
The application must be completed in two copies, one of which must be marked with receipt (keep this copy with you). The certificate must be provided to the applicant on the day of the incident.
The period for issuing a certificate can be extended to 7 days only if the participants in the accident are sent from the scene of the accident to a medical facility. The certificate is unlimited, that is, it has no time restrictions.
The most detailed rules cannot take into account all the surprises that life sometimes presents. Competent legal support for registering an accident and filing financial claims is often necessary to obtain compensation determined by law.
Seeking help from a professional lawyer will allow you to solve difficult problems in a short time and at minimal cost.
The content of the article
- Reporting an accident to the traffic police
- Independent registration of an accident
- Deadline for submitting an application to the traffic police about an accident
- Sample application to the traffic police about an accident
The deadline for filing an application for an accident with the traffic police is not regulated, but there is already an established practice on this issue. Failure to report an accident in a timely manner may result in loss of benefits from the insurance company. In order to submit an application to the traffic police about an accident, the sample must be filled out in accordance with the established rules.
An inquiry. Examples and forms
In Russia, in order to obtain the necessary information, the interested party makes an official request. The reasons for making a request vary. This is obtaining information about promotions and discounts, current prices for goods, obtaining documents, price lists, and any information.
Nuances of writing a letter
An employee, when issuing an official letter of request to another organization, must adhere to certain rules. The request is submitted to the director, his deputy or another official holding a leadership position in writing on A4 paper.
If the company has its own letterhead, then they use it, where the details are already written down in advance (name of the organization, INN, KPP, OGRN, legal address and contacts). In Russia, anonymous requests are not accepted and are not paid attention to. The letter should make it clear who the request came from and how to contact and send a response.
When writing the body of a document, you need to clearly and concisely state your intent to obtain the information you need. If possible, refer to the laws of the Russian Federation, which guarantee a response.
and a sample request letter
Download a blank request letter form (Word, 28 Kb)
letter of request (Word, 28 Kb)
Examples of various request letters
Here are examples and forms of the most frequently used requests: - About providing information - About providing documents - To the tax office - To the bank - Letter of request for a reconciliation report - About confirmation of the necessary information
It is written officially, indicating all the necessary details, usually using company letterhead. Scheme for writing the text of the document: 1. Explanation of the motive. 2. If necessary, indicate the law of the Russian Federation regulating the request. 3.
The essence of the appeal and what is required from the recipient of this appeal. 4. Indication of the requested information: full name, signature, seal. 5. Registration of an outgoing document. It is important to note that you should not write this type of request as an ultimatum.
This may negatively affect the reputation of the organization from which the letter is sent.
– sample letter of request for information (29 Kb)
Letter of request for documents
Most often used in accounting and other structural departments of the organization. The return of second copies of previously sent invoices, other documents that were lost due to certain reasons, etc. is requested.
The layout of the text of the document is not much different from the previous request: 1. “Header” of the document (the details of the parties are displayed). 2. Registration as an outgoing document. Usually, the subject of the appeal is briefly written under the registration number. 3. Appeal to the manager (Dear ....) 4.
The essence of the request and the wish for cooperation. 5. Completion of the request letter (full name, signature, stamp if necessary).
– sample letter of request for the provision of documents (29 Kb).
Letter of request to the tax office
Most often, letters - requests to the tax service are sent by the accounting departments of enterprises and organizations to provide explanations on the provisions of the Tax Code of the Russian Federation, information and documents.
– sample letter of request to the tax office (Word, 33 Kb)
Letter of request to the bank
Banks provide only a small part of the data about their customers. Complete and detailed information upon request is provided only on the basis of a court decision. However, individuals and companies often make requests for banking products. – sample letter of request to the bank (Word, 31 Kb)
Request letter for reconciliation report
A reconciliation report is necessary to confirm the presence or absence of debt. The request is generated and sent to the manager.
- – sample letter of request for a reconciliation report (Word, 29 Kb)
- Such letters are sent, for example, by the personnel department, which needs to find out whether the employee hired for a serious position actually worked in the previous company.
- – sample letter of request for confirmation of information (29 Kb) – sample letter of request for confirmation of information (29 Kb)
Methods for sending a request letter
A request letter is an element of business correspondence between organizations or an individual and a company. You can deliver a document in three ways: 1. Independently, by recording receipt from the secretary or other official receiving the information.
Usually, two document samples are generated, where one of them remains in hand with a receipt stamp. This guarantees that the request will not be lost. 2. Use postal services by sending a registered letter. 3.
Independent registration of an accident without traffic police officers
Last year, a new procedure came into force for documenting the consequences of accidents in order to receive insurance payments under compulsory motor liability insurance.
Registration of an accident without the participation of the traffic police in 2021 is carried out on the basis of amendments to the traffic rules adopted on July 1, 2021. Clause 2.6.1 of the Traffic Regulations and Article 11.1 of the Law on Compulsory Motor Liability Insurance dated April 25, 2002 No. 40-FZ determine the procedure for actions in case of accidents without casualties.
The presence of a traffic police inspector at the scene of an accident in which no one was injured became unnecessary. It is necessary to call a law enforcement officer only if the participants cannot decide who is to blame for the accident.
What to do after an accident
In the event of a traffic accident, drivers are obliged to:
- Stop and do not change the position of the vehicle or elements of the accident.
- Mark the vehicle on the road by turning on the hazard lights.
- Place an emergency sign 15 meters from the car.
Further, it all depends on whether the incident falls under the European Protocol. To resolve the issue without court and the traffic police, the following conditions must be met (clause 1 of article 11.1 of 40-FZ):
- The accident occurred as a result of a collision between two cars;
- the amount of damage does not exceed 100 thousand rubles;
- availability of compulsory motor liability insurance policies on both sides;
- absence of disagreements between the participants regarding the guilt of one of the parties;
- damage was caused only to vehicles, but not to other property;
- no casualties.
Expert opinion
Semenov Pyotr Evgenievich
Lawyer with 10 years of experience. Specializes in family law. Extensive experience in document examination.
If at least one requirement is not met, it is necessary to report the incident to the traffic police and register the incident in the general manner. In this case, you will still have to fill out the “Notification of an Accident”, which coincides with the Europrotocol form.
form
If one of the participants in the accident has foreign registration, then registration of an accident without the traffic police is possible only if he has a “Green Card”.
Filling out the Europrotocol form
In order for the injured party to receive insurance payments when registering accidents without the traffic police, a correctly completed “Notice of a Road Accident” is required. The form of the document is given in Appendix 5 to the Regulations of the Bank of Russia dated September 19, 2014 N 431-P.
Policyholders receive its form along with CASCO and OSAGO policies. When filling out the form, you must follow the “Methodological recommendations for processing documents about road accidents without the participation of police officers,” approved by the resolution of the Presidium of the RSA dated February 15, 2012.
The European protocol consists of two sheets: the first is filled out with a fountain pen, and the second is a copy on which all the information recorded on the first sheet is duplicated using carbon paper. Therefore, before filling out the “notification of an accident,” you should not divide it into two separate sheets.
The advice concerns the front side of documents. The reverse sides are filled out separately by each of the participants in the accident. Both documents (main form and insert) have equal legal force.
To reduce the risk of disagreements with the insurance company when filling out the Europrotocol, you must follow the following rules:
- fill out the form in block letters and extremely legibly;
- use a ballpoint pen, not a gel or other pen;
- do not make erasures or corrections;
- do not skip any columns or fields;
- write with pressure so that the copy can be read.
The front side of the “Accident Notice” contains information common to both participants in the accident:
- location of the accident - exact address or name of the route and kilometer if the accident occurred outside the city;
- the number of damaged vehicles (for the Europrotocol there should be two);
- information about victims (for registration through the Europrotocol they should not exist at all);
- information about witnesses to the incident (if any);
- information about damaged vehicles;
- information about vehicle owners and drivers involved in the accident;
- a complete list of damage to both cars;
- diagram of the incident.
There are no uniform rules for drawing up an incident diagram. The main thing is that the drawing is legible and understandable, so that the insurance company has no reason to delay the case or refuse to pay.
On paper with a pen (not a pencil) you need to mark the section of the road on which the accident occurred, and all available landmarks that make it easier to reference the area (markings, poles, road signs, trees, traffic lights or buildings).
Cars are depicted as rectangles and are designated by the Latin letters A and B. Arrows are used to indicate the direction of movement of the car at the time of the accident.
The location of the impact is indicated by a cross. A full explanation of the symbols should be given at the bottom of the image.
The nature and list of visible damage received are indicated in paragraph No. 14. The description must be extremely accurate and concise. Recommended terms:
- deformation (dent);
- gap;
- crack;
- scratch.
Hidden damage should not be included in the notice. They are identified during the examination.
The preparation of the protocol by the second participant should be monitored so that he does not include in the list defects and damage to the vehicle that were not received as a result of the described accident.
When describing the circumstances of the incident in paragraph 16 of the accident notice, the maneuvers preceding the accident should be correctly described. The terms “stop” and “parking” should not be confused.
For example, if a car was hit when it slowed down before the stop line of a traffic light, you should write that it “stopped at the traffic light” and not “stood at the traffic light.”
Another common mistake is confusing the terms “overtaking” and “shift”. If the impact occurred while changing lanes, you need to write that the car “changed lanes.”
Paragraph 15 of the notice is intended to include additional information about the accident that was not included in the sixteenth section.
After the front side of the Europrotocol is completed, the main page and the duplicate must be separated. Next, each party fills out the notice independently.
Expert opinion
Semenov Pyotr Evgenievich
Lawyer with 10 years of experience. Specializes in family law. Extensive experience in document examination.
On the back of the document you must indicate information about the person driving the car at the time of the accident. You should also state your vision of the incident there.
In the “Notes” column, additional data is indicated: the presence of video recording at the time of the accident, photo and video recording of cars after the accident.
Both completed copies are read by the participants in the incident, after which the documents are signed by both parties.
Contradictions in the descriptions of the accident presented by each of the parties to the accident can be resolved in the only way: call the traffic police and establish the culprit in court. The same should be done if the participants in the accident cannot agree on the list and nature of external damage to the vehicles. Otherwise, the insurer will refuse to pay compensation.
What to do after drawing up the Europrotocol
Subject to conditions that allow the traffic police to not be called to the scene of an accident, each driver can leave the scene of the accident and go to the insurance company to draw up documents for payment of compensation.
It is important not to ignore this requirement. If the insurance company doubts the description of the damage received, it may conduct an examination. If the car is repaired at the time of the examination, the company simply will not pay you insurance compensation.
If there are victims in an accident
If there are dead or injured in an accident, you must:
- Perform a first aid;
- Call the medical service and the traffic police;
- Record the full name and contact details of witnesses to the accident;
- Ride the victim to the hospital (in an emergency).
If there is no accompanying transport, you can take the victims to a medical facility in your own car. When delivering people to the hospital, you should show your documents to the doctors, and then immediately return by car to the scene of the incident.
If you do not return before the accident is completed, you will be charged with leaving the scene of an accident.
If a car is parked after an accident in such a way that it completely blocks traffic on a busy section of the road, you must :
- Record on video and photos the location of the accident, braking marks, the position of the vehicles and visible damage;
- Write down contact details of witnesses;
- Remove the car from the roadway;
- Wait for the traffic police to arrive.
Traffic police officers who arrive at an accident with victims must record:
- Information about the participants in the incident;
- Explanations from drivers, passengers, injured pedestrians and witnesses;
- Collect and record additional information relevant to clarifying the circumstances of the incident.
After collecting information and drawing up documents, traffic police officers issue certificates of accidents to the participants and make a decision to open administrative proceedings regarding violation of the Traffic Rules.
If the participant in the accident fled
If the second participant in the accident escapes, you do not have to rely on the European Protocol, even if it later turns out that the participant fled without noticing the accident. It is necessary to collect information from witnesses and call the traffic police.
The arriving inspector fills out a notification about the accident and other case materials. After this, you must submit an application to the traffic police to search for the culprit who left the scene of the accident.
It will be possible to receive an insurance payment only if the culprit is found and he has a valid MTPL policy. Otherwise, the issue of compensation will have to be resolved in court.
The same should be done if the culprit does not have a compulsory motor liability insurance policy. In this case, the Union of Auto Insurers compensates only for damage to the health of the victims. Compensation for material damage resulting from damage to a vehicle can only be achieved in court.
Damage to the vehicle by third parties
Telephone 112 is part of the system of information interaction and emergency response of duty dispatch services of emergency operational services, including the police service (Resolution of the Government of the Russian Federation of March 16, 2013 N 223). Phone 02 is the police dispatch number. Both numbers are the same throughout the Russian Federation.
It should be taken into account that some mobile operators may have different methods for dialing 02 (002, 102, 020, etc.).
The car was parked next to the house. In the morning I found scratches on the doors and fender. What should you do if hooligans damage your car?
When submitting an application, present a passport or other identification document, documents for the car (vehicle registration certificate), power of attorney, if it is not the owner who is filing the application with the police. Note. The decision to refuse to initiate a criminal case can be appealed to the prosecutor, the head of the investigative body or to the court (Part 5 of Article 148 of the Code of Criminal Procedure of the Russian Federation).
- Since the circumstances of the incident are unknown, there is a possibility that the incident was not insured;
- If the date and time of the event are unknown, the application deadlines may have been violated.
The most common mistake when filing an application for compensation under CASCO. Many car owners, when filing one insurance claim, describe several damages that occurred as a result of different events and at different times. How to correctly file a police report against neighbors, sample to a local district police officer? For example, today a pebble hit the glass, and tomorrow the bumper was damaged in the parking lot. One should not be tempted to claim first and second damages in one event.
The insurance company will completely or partially refuse payment. Based on the above, I ask: Within 10 days, to compensate for the damage caused to me in the amount of ... rubles, by transferring funds to my bank account using the following details: ... Otherwise, I reserve the right to go to court. And as it turns out, the urgency is so great that the future depends on it.
