2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
Europrotocol in the Russian Federation has been in force for several years. It can be issued in any subject of the country. The European protocol involves the preparation of papers relating to accidents without the participation of a traffic police inspector. Drivers in this case independently record the fact of the incident. This saves a lot of time. In addition, having issued documents, drivers quickly clear the roadway and do not create obstacles for the movement of other vehicles. Legislation, as in other "emergency" cases, provides for insurance payment under the European protocol. Let's consider further how to draw up documents in order to receive compensation for damage.
When procedure is used
You can independently record the fact of an accident in cases established by law. At the same time, the norms provide for prohibitions on the use of the Europrotocol. This method is not allowedpaperwork if:
- There are casu alties in an accident. Victims can be both passengers and drivers, and pedestrians. In this case, the severity of the damage does not matter.
- More than two cars collided.
- Damage caused to other property (e.g. pole, tree, building).
- Vehicles are not insured under OSAGO or Green Card.
- There are disagreements between the participants in the incident. For example, drivers may argue about guilt, the nature of the damage, etc.
In all these cases, you must call the inspector.
Actions on the road
In accordance with the provisions of the SDA, the driver must immediately stop the vehicle (if this has not happened before). If you are injured or killed in an accident, call emergency services immediately. After the emergency stop signs are set, you can proceed to issue a notice. In its absence, the payment of OSAGO under the European protocol will not be carried out. Experts do not recommend entering into an argument with the rest of the participants in the incident. Communicating with other people must be polite. If opponents show aggression or pose a threat, including to others, it is necessary to call the inspector.
What payments are provided under the Europrotocol
Until recently, a driver could receive no more than 25 thousand rubles. Subsequently, the maximum payment under the Europrotocol was increased. It began to amount to 50 thousand rubles. However, in order to obtainone condition must be met - insurance must be issued after August 2, 2014. Relatively recently, a new regulatory act was adopted, which amended the previously established rules. The existing payment limits under the Europrotocol were supplemented. Now the driver can get 400 thousand rubles.
Europrotocol: 2016 payouts
Get 400 thousand rubles. could be subject to a number of conditions. Direct execution of papers is carried out according to general rules. But payment under the European protocol will be made only if both vehicles involved in the accident have systems for automatically fixing the place and the fact of the accident, operating on modern satellite communications. The list of acceptable models is given in the regulations and other regulatory documents. This requirement is due to the fact that the file obtained during normal video recording can be corrected using computer programs that exist today in favor of any participant in the incident. Accordingly, the credibility of such evidence is called into question. At the same time, it is almost impossible to falsify the data obtained using a satellite system. This reduces the number of cases of fraud to almost zero. This requirement was in effect throughout 2016. No changes were announced for 2017.
Nuances
Based on the above, for persons who use the Europrotocol, the amount of payment in the absence of a satellite information recording system will not bemore than 50 thousand rubles. Another important point should be noted. The maximum payment under the Europrotocol can be received if the accident occurred in Moscow and the region, as well as St. Petersburg and its environs. In other regions, there is a general rule according to which citizens can count on no more than 50 thousand rubles. In addition, to receive 400 thousand rubles. insurance must be taken out after October 1, 2014
Design: general rules
Payment under the Europrotocol is assigned subject to the above conditions, as well as the correct filling of the forms. First of all, you should check whether the paper is suitable for registration. The form must have a front and back side. When filling out, use a regular pen (not gel or ink). Pencil writing is not allowed. According to the current rules, one copy of the notice is issued. It does not matter which driver's form will be issued. Participants should select their own column in the notice and fill in the required information.
Filling in the fields
There are separate columns on the front of the form. They contain all the information about the accident. In particular, the place, time, circumstances, date, existing damage, etc. are indicated. Particular attention should be paid to filling out clause 14. It details the presence and nature of damage to the vehicle that occurred in connection with the accident. The description should be detailed and concise at the same time. In addition, you should carefully check whether the second driver has added information that is not related to the accident to the information. ATdescription, you can use common terms: dent, scratch, crack, etc. In the presence of hidden damage, their description is carried out during an expert examination. Clause 16 specifies the circumstances of the accident. Describe them truthfully, clearly, and as briefly as possible. This paragraph should reflect the key aspects of the accident.
Important moment
In paragraph 16, among other things, describes the maneuvers of the vehicle. When presenting this information, please note that:
- The parking lot is not a stop. Not understanding this difference, citizens make mistakes when filling out the form. Some drivers whose cars were hit while stopped at a red traffic light indicate that they were "in the parking lot". This is the wrong wording. A more precise description is needed here - "stopping at a red traffic light" (position 22).
- When overtaking one car by another, or when changing lanes from one lane to another, you must indicate "overtaken" or "changed lane".
Scheme of the incident
It is contained in paragraph 17 of the form. The map includes road markings. At the same time, streets and road names, the final position of cars, and directions of movement are displayed. The positions of traffic lights, signs, and other items that are directly related to the accident are also indicated.
Extra
If some information was not indicated in the paragraph describing the circumstances of the incident, addinformation can be found in the "Remarks" field. Here you can give an explanation. Participants in the incident confirm the accuracy of the data given in the notice with their signatures. Accordingly, drivers agree with what is indicated in the form. After completing the design of the front side, the parts of each driver are separated and signed. At the same time, the painting is placed both on one's own and on someone else's copy.
Reverse side
Any additional information about the event is displayed here. On the reverse side, it is allowed to make additions and notes. If there is not enough space on the form, you can indicate the information on a blank sheet of paper and attach it to the notice. In the main form, you must put the appropriate mark. The application is also certified by the signatures of both drivers.
Important points
There are a few more rules to note. Payment according to the European protocol is assigned if there is complete and reliable information about the incident. This means that if any data is missing on the form, then the company responsible for the compensation of damages can collect them themselves. As a result, the company may not accept the Europrotocol at all. The terms of payment also depend on the completeness and reliability of the information. Therefore, drivers need to take the registration procedure with all responsibility.
Next step
The completed form is provided to the insurance company. This can be done by mail or in person. Experts recommend submitting documentation as soon as possible. normssome restrictions on further actions of drivers are established. In particular, it is not allowed to carry out repair activities during the first 15 days after the incident. This period is set for the company responsible for the compensation of damages to check the damage received by the vehicle. In some cases, a visual inspection may be required. It is carried out in the first five days after the driver receives the corresponding request. If the perpetrator of the accident commits any violations, sanctions under the Code of Administrative Offenses may be applied to him. The responsibility of the participants in the incident is established according to the information given on the front side of the form.
Unspoken rules
According to established practice, the main sheet of the form is given to the victim, and the self-copier is given to the person responsible for the accident. In the norms, this order is not fixed, and, in principle, it does not matter who receives which sheet. The unspoken rule is that the original is easier to scan and send to the company responsible for the compensation of losses. As a result, the payment amount under the Europrotocol can be calculated faster.
Disputing notice
There are times when a driver has misjudged the situation and admitted to being at fault for the accident. After a while, after consulting with a lawyer, he came to the conclusion that it was necessary to cancel the procedure. What to do in a situation where the notice has already been issued and sent to the company responsible for the refund? According to experts, payments under the Europrotocol in Russia as a whole are carried out quite rarely. Therefore, special practice forthe procedure has not yet taken place. In any case, experts recommend contacting the insurance company with this issue. Due to the insufficient prevalence of such situations, disputes are considered individually, taking into account all the circumstances and new information. For reinsurance, experts recommend enlisting the support of a lawyer.
Conclusion
Payment under the European Protocol, despite its relatively long introduction into the regulatory framework, does not yet have a clear mechanism for implementation and contestation. The general rules are undoubtedly followed. And, as practice shows, drivers receive the money they are en titled to without any problems, if the situation is not complicated by anything. It should be noted that adjustments to the completed notification form are not allowed. The parties to the accident fill out the reverse part of the form on their own. It is allowed to do this at home so as not to create obstacles for other cars on the road. The notice is considered issued when the information is present in all the required columns, and each participant in the incident received copies. In some cases, the information that is described on the reverse side is not taken into account by specialists. However, this does not mean that they should not be included. Do not forget that the lack of information in the mandatory columns acts as a basis for refusing to compensate for damages. Notification forms not signed by the road accident participants are considered invalid.
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