Since the number of cars in the modern world is constantly increasing, the number of accidents on busy roads is also actively progressing. In megacities, road patrol officers no longer have the ability to quickly arrive at accident scenes and understand situations. That is why a special system was invented abroad that allows you to register road accidents directly at the scene of accidents without the participation of third parties such as authorized employees.
This simplified many formalities. Not long ago, the Western system was tested in Russia. In this article we will discuss in detail the procedure and rules for drawing up the Europrotocol in 2021.
Europrotocol: what is it and why is it needed?
The Europrotocol is a document that is drawn up by the participants in the accident without the involvement of traffic police officers. If the European Protocol was drawn up in accordance with uniform rules, the injured party receives compensation payments under it.
Such a document is filled out right at the scene of the accident. The procedure for completing the Europrotocol does not take much time, so it is beneficial for those who value their time. Thanks to the simplified procedure for signing the document, those involved in an accident can quickly clear the roadway without interfering with the movement of other vehicles. They also do not need to communicate with highway patrol officials. You can find the current Europrotocol form on our website:
Euro protocol form - front side
Euro protocol form - second page
However, it is not always possible to draw up a Europrotocol and receive an insurance payment under it. Let's consider cases when drivers can compose it right at the scene of the incident:
- if both drivers have compulsory MTPL insurance;
- with mutual agreement regarding the circumstances of the accident;
- provided that only two cars were involved in the accident;
- in the absence of casualties;
- unless the damage was caused to additional property.
Let us highlight a number of situations in which the execution of the Euro Protocol is considered unacceptable:
- one or two drivers do not have a mandatory insurance policy;
- the parties cannot agree on the circumstances of the incident;
- more than two vehicles were involved in the accident;
- people were injured as a result of the accident;
- Damage was caused to additional property.
In one of the above cases, the participants in the accident must immediately contact the traffic police.
What is the Europrotocol?
The Europrotocol is a concept that came to us not so long ago. The purpose of introducing the European protocol is to ensure that the proper documents are completed as quickly as possible when an accident occurs, and to exclude the participation of traffic police officers in this process.
A European protocol is a type of document according to which the fact of an accident, its participants and the amount of damage caused is recorded. Thanks to this, the registration procedure is simplified as much as possible and allows the participants in the incident to fill out everything themselves.
The Europrotocol allows participants in an accident to:
- clarify and record the guilt of one of the participants;
- quickly fill out documents;
- refuse to wait for traffic police officers;
- speed up the implementation of insurance;
- compensate for losses incurred.
The protocol form is issued by the insurance company free of charge and comes with instructions on how to fill it out.
How much does the injured party receive?
According to legislative rules, the amount of insurance payment should not exceed 50,000 rubles. This rule applies to all policies signed after August 2, 2014. If the insurance document was issued earlier, the payment for it is only 25,000 rubles. In mid-2021, the payment amount under the Europrotocol will be increased to 100,000 rubles.
For owners of cars with a satellite navigator, different procedures apply. If the device recorded what happened, then the maximum amount payable under the Europrotocol increases to 400,000 rubles. This rule applies in Moscow and St. Petersburg. The law applies only to specific approved satellites. Their list is specified in the documents that are provided along with compulsory motor liability insurance.
What it is
Let's start with something simple. The Europrotocol is a special form required to independently document the fact of an accident in order to be able to receive compensation from insurance companies in the future. This protocol does not provide for the need to compulsorily call a traffic police squad to the scene of an incident.
This document came into force at the beginning of July 2015. To date, no changes have occurred, which allows you to navigate according to the previous rules and act according to the old instructions.
The European protocol has a number of advantages:
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- no need to wait for the accident to arrive;
- issues can be resolved independently;
- there is no difficulty on the road for other road users;
- you can leave the scene of the accident immediately after completing the paperwork;
- the insurance company undertakes to pay compensation;
- the probability of insurance failure under the European protocol is minimal;
- there is nothing difficult about filling out the form;
- it can be easily downloaded for free via the Internet.
There is no need to think about where to get a sample. Initially, the forms are issued by employees of the insurance company when applying for compulsory motor liability insurance. Also, the form is publicly available on the Internet, so the form can be easily downloaded in PDF format, printed and carried with you in the car just in case. Although it is better to do this through the website of your insurance company, creating a personal account there. This way you will know for sure that the downloaded form fully complies with current requirements.
If this happens, you need to fill out the paper based on the current rules. Drawing up a competent protocol is not difficult.
What to do immediately after an accident
We invite you to familiarize yourself with a simple algorithm of actions in the event of an accident. In case of an accident you must:
- Stop moving the vehicle and then post a sign indicating an emergency stop.
- Ask for contact information of all witnesses to the incident.
- Leave everything as is and, if possible, have time to take a photo:
- general plan of the scene of the incident;
- tire tracks;
- details of the damage caused;
- relative position of the car;
- exterior view of vehicles;
- car numbers.
Payout limit
If in the early version of the law on compulsory motor liability insurance the maximum allowable amount for payment under the Euro Protocol was set at 50 thousand rubles, now Russian car owners will be able to receive up to 100 thousand under it.
An increase in insurance payments will make it possible to cover the vast majority of accidents using the European protocol.
However, for Moscow and St. Petersburg vehicle owners, as well as drivers from these regions, the amount of compensation is not limited to this parameter; unlimited payment under the Euro Protocol has been introduced for them ( up to 400 thousand rubles ).
How to fill out the Europrotocol
If the participants in the accident understand that an accident can be filed in a simplified manner, without wasting time waiting for the authorized authorities, first of all they should fill out the fields of a special form. Ideally, it should be in every driver’s arsenal immediately after purchasing an MTPL policy.
Instructions: how to draw up the Europrotocol
We will discuss in detail all the rules that apply to the registration of the Europrotocol in 2021:
- The form is filled out with a ballpoint pen. This is due to the fact that the fountain pen smudges and the pencil wears off.
- The first step is to fill out the front side of the document, consisting of two columns. Each of them is reserved for a specific driver. We'll look at this in more detail next.
- Then the parties involved in the accident fill out the back of the document. Entering this seemingly minor information should be approached responsibly. When calculating payments for the injured party, the insurer will pay considerable attention to it.
- Completed copies of the front side are divided among the drivers.
- Each participant in the accident signs twice on the main side of the protocol. The first signature is placed under the entered information, the second – under the “Consent” section.
- It happens that amendments are made to an already fully completed document. All changes must be made with the consent of the other driver, and then certified with his signature.
When can a European protocol be issued?
Filling out the European protocol is associated with the fulfillment of mandatory conditions, deviations from which are not permitted. Clear regulations include the circumstances under which registration of an accident under a simplified procedure is allowed. Among them it is worth highlighting:
- no harm to the life and health of traffic participants or third parties;
- the collision occurred between two vehicles;
- motorists reached an agreement on the circumstances of the accident. Disagreements are allowed only if at least one of the vehicles is equipped with the ERA-GLONASS system, which records the fact of an accident and the coordinates where it occurred. If the touch was not strong, then the equipment will not work, and the driver will have to manually notify the operator by pressing the SOS button within 10 minutes from the moment of the incident.
Important! Accidents in which the participants did not come to an agreement must mention the points that became a stumbling block by filling out clauses 7, 18 of the notice. The issue of compensation and its amount is decided in court.
- Both drivers are insured and have an MTPL policy;
- The damage caused as a result of an accident does not exceed the thresholds established by the European protocol;
- the incident was not associated with a collision with stationary objects other than vehicles.
If the conditions described above are met, then the parties have the right to file an accident in a simplified manner.
Detailed guidance on completing the Europrotocol in 2018
The first 8 points of the Europrotocol contain general information about road accidents. These include:
- Place of the incident. You must enter the exact address.
- Date of. It is necessary to indicate not only the date, but also the time of the accident.
- Number of vehicles that were damaged. A specific number is written down.
- Number of people whose health was damaged. First, the number of wounded is recorded, then the number of dead.
- Data on testing participants in the accident for alcohol intoxication. The corresponding box indicates whether such a check has been carried out.
- Material damage caused to other vehicles or property. The answer is marked as affirmative or negative.
- Witnesses to a traffic accident. This field contains the name and address of the person who saw the details of the incident.
- Was the document drawn up by a traffic police officer? A negative answer is marked.
The remaining points (from 9 to 15) are filled out by drivers separately. Each of them writes down information about themselves and their vehicle, and also indicates information about their existing insurance policy. Let's look at this in detail:
- It is advisable to pay special attention to paragraph 14 of the European Protocol. It details the damage caused by the accident. It is also important to carefully check the information entered by the other driver. Some participants in road accidents tend to exaggerate the damage suffered in order to receive larger insurance payments.
- It will be beneficial for each of the participants in the accident to correctly register the information under paragraph 16. It is necessary to indicate the circumstances under which the accident occurred. This must be done truthfully, concisely, avoiding exaggeration. It should be understood that the presence of hidden damage will be checked by an expert.
- When filling out, it is important to use precise terms that reflect reality in as much detail as possible. For example, there is a huge difference between overtaking and changing lanes. An innocent person may suffer due to misinterpretation.
- Under point 17, drivers draw a detailed diagram of the accident. They indicate addresses, traffic patterns, traffic lights and other things that are important in the proceedings. It is important to indicate those parameters that could have prevented the accident.
- The form includes a “Comments” field, in which you can enter additional information that does not fit under the other items, as well as important information that requires special attention.
- After filling out the form, drivers sign it. Before doing this, it is important to carefully review both columns. This check will help prevent unpleasant misunderstandings in the future. After signing, the document is divided between the drivers. The signature on each of them means that the participant in the accident has read all the information and agrees with its authenticity.
- The reverse side of the document is filled out after dividing the form. This is done by each driver individually.
- It is important to remember that the form must not be damaged when submitted to the insurance company employees. You shouldn't lose it either. If it is necessary to correct information, a new document is filled out.
In what cases is a European protocol issued in case of an accident?
Cases of filling out this document are fixed by law, which includes the following list:
- two participants;
- no people were hurt;
- the amount of damage is not significant;
- both participants are not under the influence of drugs and are not intoxicated;
- one of the drivers admits his guilt;
- both drivers have valid MTPL insurance policies.
What to do after completing the Europrotocol
An application for compensation for damage must be submitted within 5 days after the accident. It is advisable to contact the insurer as quickly as possible.
You should come to the insurance company's office with a prepared package of documentation. It includes:
- a fully completed Europrotocol form with signatures;
- a statement confirming that all data provided is correct and was compiled in person;
- application for payment of compensation;
- all photographs from the scene of the incident (their list is presented above);
- materials from the video recorder indicating the date and location of the accident.
According to uniform legislative rules, the insurer has the right to require an examination to assess the condition of the car. Victims cannot have their car repaired for 15 days after the incident.
The driver should be prepared for the fact that after submitting all the required documentation, proceedings will begin, during which the insurer will determine the amount of the insurance payment.
How to fill out the European protocol correctly?
Before you start filling out the form, it is worth finding out the nuances, without which filling out the protocol will not be possible.
These are the following nuances:
- No one was injured in the accident.
- All participants have valid insurance policies in hand.
- The drivers came to an agreement about who was at fault for the accident.
- The parties recorded the location and circumstances of the accident using photos and videos.
The document is filled out independently by the parties involved in the accident.
Instructions for filling out the Europrotocol
You must fill out the document strictly following the instructions. It must be remembered that only one form is used for one accident. The document must be completed on both sides.
Sequencing:
- In the form, indicate the date, time and place of the incident (clauses 1.2).
- Next, information about the circumstances of the incident is indicated (clauses 3,4,5).
- Both participants in the accident fill out Form A and Form B.
These forms contain the following fields:
- make and model of the vehicle;
- VIN number;
- state registration number;
- registration certificate;
- information about who is the owner of the vehicle;
- address;
- car driver;
- driver's date of birth;
- residential address;
- phone number;
- the category or categories contained in the driver's license;
- date of issue of the document;
- on the basis of what document the vehicle is used;
- information about the insurer;
- insurance policy series and number;
- the period until which it is valid;
- availability of a CASCO policy;
- location of initial damage (indicated by an arrow on the diagram);
- description of visible damage;
- comments.
These forms are identical and are located opposite each other on the front side of the form.
Important nuances when filling out
When filling out the European protocol form, it is necessary to take into account some features of its completion, which include:
- There are only two participants in the accident;
- the amount of damage will not exceed the amount of 50 thousand rubles (except for the Moscow and Leningrad regions, where the maximum amount is 400 thousand rubles);
- both drivers are sober;
- if an accident occurs with the participation of a car from abroad, the foreign car must have green card insurance;
- no casualties among people.
It is important to collect and attach as much evidence as possible regarding the accident. To do this, you should use all available means of photo and video recording of the circumstances of the accident.
It is worth filming everything related to the car, its fragments, chips, damage to the paintwork, that is, recording in as much detail as possible all the damage caused by vehicles.
Sample filling
Recommendations on how to draw up a new European protocol
Despite the changes that have come into force, the principle of filling out the Notification of an Road Accident remains the same:
- Absolutely all lines of the European protocol must be filled out.
- Pay special attention to describing the circumstances of the accident.
- Be sure to remember to sign the document by both parties to the incident.
- It is advisable to fill out the European Protocol without errors, but if you still have to make changes or additions to the document, you must certify the entries and corrections with the signatures of both participants in the accident.
If you do not comply with these simple requirements, the insurance company may refuse to pay.
Let us recall the basic procedure for filling out the European protocol:
- In lines 1 and 2 we write down the address and time of the accident.
- In paragraph 3 we note the number of damaged vehicles.
- In paragraph 4, we make a note about the absence of injured persons.
- And at 5 we prescribe that a medical examination for alcohol was not carried out.
- Paragraph 6 is intended to clarify whether there was material damage to other vehicles.
- In paragraph 7 we note possible witnesses or their absence.
- In paragraph 8, we put a note that the European protocol is issued without calling a traffic policeman.
- From points 9 to 12 there is a description of the car, the driver’s personal data, insurance policy number and name of the insurer.
- In lines 13-15, you need to describe in detail the visible damage to the car and mark this place with a tick on the diagram.
- Important! In the central column (item 16), each of the victims notes his version of what happened by circling the required square on the form. For example, 4 – leaving the parking lot, 17 – direction of movement (reverse), 21 – making a collision.
ATTENTION! Don't forget to mark the number of marked squares!
In our case, there are 3 of them. For the second participant, the victim of the collision, you should write about, and write that the driver was waiting for the car to leave, therefore, make a mark 1 about the number of filled cells.
- In the space provided (item 17) we make a schematic drawing of the accident that occurred, for example, a street with a driveway and house numbering, 2 cars and an arrow to mark the direction of movement.
- Clause 18 records the absence of disagreements among the drivers involved in the accident.
- Sign the European protocol; if a special duplicating entry form was used, then the drivers keep 1 copy for themselves.
- Then, on the back of the European protocol, in sections 1 and 2, they describe the circumstances of the accident, in lines 4-7 they put a dash, but if the car can move independently, then this is indicated in paragraph 6 of the Notice.
Now let’s take a closer look at where the parties’ disagreements should be entered.:
- On the front side of the Notice in clause 18, it is necessary to put a mark indicating that there are disagreements between the parties (if there are no disagreements, the corresponding mark is also placed).
- On the back, in paragraph 7 “Note, including disagreements...” all controversial points are entered under paragraph 14 “Nature and list of damages”, paragraph 15 “Remarks”, paragraph 16 “Circumstances of the accident” and paragraph 17 “ Road accident diagram.”
- If there is not enough space to describe all the disagreements, present all aspects of the case on a blank sheet of paper, making a note in the European Protocol about the number of sheets of the Appendix.
This is the main thing that drivers must fill out in the Europrotocol form. Detailed instructions for filling out a Notification of an accident are available here.
Each participant in an accident must submit a completed copy of the Euro Protocol to their insurance company within 5 days. Don't miss the deadline!
GLONASS and software
5. In case of registration of documents about a road traffic accident that occurred in the territories of federal cities of Moscow, St. Petersburg, Moscow region, Leningrad region, without the participation of authorized police officers, the limitation on the amount of insurance compensation provided for in paragraph 4 of this article does not is applied and insurance compensation is provided to the victim within the limits of the insurance amount established by subparagraph “b” of Article 7 of this Federal Law, subject to the provision to the insurer of data on the circumstances of damage to the vehicle as a result of a traffic accident, which are recorded using technical means of control that ensure uncorrectable registration of information (photo or video recording of vehicles and their damage at the scene of a traffic accident, as well as data recorded using navigation aids operating using GLONASS or GLONASS technologies in conjunction with other global satellite navigation systems).
5. When preparing documents about a road traffic accident without the participation of authorized police officers to receive insurance compensation up to 100 thousand rubles if there are disagreements between the participants in the road traffic accident regarding the circumstances of harm in connection with damage to vehicles as a result of the road traffic accident , the nature and list of visible damage to vehicles or insurance compensation within the limits of the insurance amount established by subparagraph “b” of Article 7 of this Federal Law, as a result of a traffic accident that occurred in the territories of federal cities of Moscow, St. Petersburg, Moscow region, Leningrad region, in the absence of such disagreements, data on a traffic accident must be recorded by its participants and transferred to the automated compulsory insurance information system created in accordance with Article 30 of this Federal Law, in one of the following ways:
a) with the help of technical means of control that ensure the prompt receipt of information generated in an uncorrected form based on the use of signals from the global navigation satellite system of the Russian Federation, which makes it possible to establish the fact of a road traffic accident and the coordinates of the location of vehicles at the time of the road traffic accident;
b) using software, including integrated with the federal state information system “Unified system of identification and authentication in the infrastructure that ensures information and technological interaction of information systems used to provide state and municipal services in electronic form”, meeting the requirements established by the professional an association of insurers in agreement with the Bank of Russia, and providing, in particular, photography of vehicles and their damage at the scene of a traffic accident.
Firstly, previously this point only applied to the independent registration of road accidents in Moscow, St. Petersburg, the Moscow region, and the Leningrad region. Now it includes incidents in all regions of the Russian Federation in which there are disagreements between participants, but the damage does not exceed 100,000 rubles.
Secondly, the requirements for mandatory methods of recording information have also changed. Before June 1, 2021, the insurer must be provided with both photo or video footage and data from the GLONASS navigation system.
Since June 1, the wording has changed significantly. Now it is enough to provide the insurance company with only one of the options:
- Data from the ERA-GLONASS system, allowing you to establish the fact of an accident and the coordinates of the vehicles.
- Data from a special application that allows you to photograph vehicles at the scene of an accident.
Application for self-registration of road accidents
How to appeal the European protocol
In what cases can the European protocol be challenged:
- There is a gross error in the completed data;
- The signature of one of the drivers is missing;
- The text on the form is unreadable, damaged, or smudged;
- One of the participants' insurance has expired or been tampered with;
- There is missing information in some fields to fill out;
- The protocol was drawn up under moral or physical pressure from one of the participants.
The Civil Code helps resolve this situation, according to which a participant wishing to challenge the validity of the protocol is obliged to apply to the arbitration court with the following package of documents:
- A copy of the notification form;
- Witness statements;
- Medical certificate about the condition of the participant/participants in the accident;
- Supporting photographs, videos, audio recordings;
- Evidence of an incorrect, forged, expired insurance policy.
Based on this data, the applicant writes a statement of claim, which is attached to the package of documents.
The period for appealing the contract is from 1 to 3 years.
Proper execution of the European protocol significantly saves time and nerves of participants in a traffic accident. However, it is better to completely avoid traffic situations in which you may need to fill out an accident notification form.
- Author: Andrey
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Procedure before filling out the form
Correctly filling out a European accident report is possible only if preliminary actions are taken to save data about the incident and provide safe passage to other road users.
What both drivers should do:
- Stop your vehicles. After stopping, you must leave the vehicle to visually assess the location and consequences of the accident.
- Put up an emergency stop sign - a red triangle. Within city limits, the sign is installed 15 meters or more from the accident site, outside a populated area - 30 meters. The distance may vary slightly depending on the state in which the accident occurred.
- Maintain visual evidence of the situation on site. Using photography or video, it is necessary to capture the general panorama of the accident, license plates and appearance of vehicles, damage received, brake marks, and nearby road signs.
- If possible, interview witnesses and collect their contact information. Testimony from eyewitnesses will help to understand the controversial situation. If necessary, you should get a telephone number or email address from witnesses.
- Only after completing this algorithm of actions can you begin to fill out the notification form.
What accidents are affected by the innovations?
3. The procedure established by Article 111 of the Federal Law of April 25, 2002 N 40-FZ “On compulsory insurance of civil liability of vehicle owners” (as amended by this Federal Law) for the preparation of documents regarding a road traffic accident without the participation of authorized police officers is applied in in relation to road traffic accidents that occurred after the day this Federal Law entered into force.
Well, the last important question. The innovations discussed today apply to all road accidents that occurred starting from June 1, 2018. It does not matter when drivers purchased insurance policies.
Difference from previous rules
Compared to the rules in force since 2014, the innovations expand the scope of application of independent registration of road accidents:
- the permissible amount of compensation has increased from 50 thousand to 100 thousand rubles - in Russia, in Moscow, the Moscow region, St. Petersburg and the Leningrad region - to 400 thousand rubles, this factor expands the number of accidents that fall under independent registration of an accident;
- It is now possible to draw up a European Protocol in case of an accident even if there are disagreements between the participants, but at least one of the cars must be equipped with GLONASS.