Who pays for the European protocol? Accident without traffic police with surcharge. Front side of the accident notice

In which the damage amounts to more than the maximum for the European protocol of 50,000 rubles and we will figure out what myths about “simplified traffic” force drivers to leave after 15 minutes instead of driving away.

The culprit himself will never admit his guilt

Some car owners may not recognize it. But the most popular type of accident is when someone “caught up” with someone else. Here it is simply stupid to deny your guilt. But if the other party actively opposes the execution of the European protocol (and even more so shows aggression, is in a state of intoxication, etc.) - .

It is impossible to correctly assess the damage yourself

You can draw up a European protocol if the damage does not exceed 50,000 rubles. Should we be concerned about estimation errors? Firstly, 80% of all accidents that occur in Russia fall under this limit - and traffic police inspectors are the last to respond to them, so you have to wait for hours for them. Secondly, no one asks to estimate the damage down to the penny - this is the prerogative of specialists. The Europrotocol was originally created to independently determine losses.

If the damage is over 50,000, the insurance company will refuse to pay

According to the law on compulsory motor liability insurance, when documenting an accident according to the Euro protocol, the amount of insurance payment due to the victim in compensation for damage caused to his vehicle cannot exceed 50,000 rubles. If the amount of damage is greater, then this will not be a basis for refusal, but the victim will receive 50,000 rubles. The rest, if there is no CASCO insurance contract. So making a mistake in calculations is not so scary.

It is very difficult to file an accident report yourself.

A road accident notification form is issued upon concluding a compulsory motor liability insurance agreement. If this does not happen, then you need to persistently demand it from your insurance company. After receiving it, carefully study the document and always take it with you.

A modern person fills out a lot of forms, forms and applications throughout his life, and notification of an accident is not the most difficult of them. Of course, it is used in “field conditions”, and even in a rather stressful situation, but the form was developed according to European standards and does not contain too many columns, and the information entered into them is not Fermat’s theorem at all. You just need to carefully fill out point by point; check whether the data of the other participant in the accident is copied correctly (to be sure, you can take a photo of his policy number and “right” on a smartphone). It is no coincidence that the procedure is called “European protocol” - Europeans have been using it for a long time, and our form is almost identical to the European one.

By the way, the damage will also not hurt, as will contacts of witnesses (if there were any).

Insurers find fault with every comma in the notice and try not to pay

Before the introduction of non-alternative direct compensation for losses in case of an accident, it was necessary to contact the insurance company of the culprit. Now - to the company where the MTPL policy was purchased and which, accordingly, values ​​the car owner as its client, wants him to apply for the policy next year. Therefore, companies, as a rule, strive to properly resolve losses. Indeed, with the introduction of PES, the volume of payments has increased. This also applies to the European protocol. There are approximately the same number of refusals to pay under this procedure as there are for road accidents registered by the police. So calling the police and waiting for many hours does not increase the chances of a quick refund; rather, carefully filling out the notice will increase them.

If the insurance company for any reason refuses to pay under the European protocol, request a written, reasoned refusal. If you are right, the notice was filled out without errors, and the reason for the refusal seems far-fetched to you, a written response will help when filing a claim. It must be sent to the insurance company (can also be supported by a complaint to the Russian Union of Auto Insurers). Just don’t forget that not only the insurer, but also the policyholder can make a mistake. Errors in information, incompletely filled in columns, mixed up numbers, and unclear accident diagrams do not allow the insurer to fully recreate the picture of the accident and understand who is at fault. Therefore, the European protocol is exactly the case when everything is in your hands.

The culprit of the accident will not hand over his copy of the notice

After the notice is completely filled out, the document numbers are double-checked and the signatures of both participants are affixed, you can leave. Each participant in an accident submits a copy of the notification to his insurance company (in person, by mail or by courier, but always with a note about the notification). If the culprit of the accident does not do this, the damage will be settled according to the information of the victim. And the damage will be recovered from the culprit anyway - in a recourse manner, this is the norm of the law on compulsory motor liability insurance.

The Europrotocol is a simplified registration of documents about an accident, which is carried out without the participation of police officers. The European protocol is drawn up by filling out a notification form about a traffic accident by the participants in the accident (drivers) independently, without the involvement of police officers. This allows not only to significantly reduce the time spent on registering an accident, but also to quickly remove cars from the roadway, thereby making it easier for other road users to travel and minimizing the risk of new collisions.

If you are the owner of an OSAGO or CASCO policy with the AlfaStrakhovanie insurance company, then you can be sure that independently registering an accident using the European protocol will not become an obstacle to organizing and paying for the restoration of the damaged vehicle of the victim at a service station or paying monetary compensation that allows cover damage caused to the vehicle.

IN WHAT CASES CAN YOU USE THE EUROPROTOCOL, AND WHEN DO YOU NEED TO CALL THE POLICE?

In accordance with current legislation, you can independently record an accident using a European protocol if the following conditions are met.

  • The road traffic accident occurred as a result of the interaction (collision) of two vehicles (including vehicles with trailers), the civil liability of the owners of which is insured under compulsory motor liability insurance.
  • As a result of a road traffic accident, damage was caused to only two vehicles (including vehicles with trailers to them), i.e., as a result of the collision there were no injuries, deaths or damage to other property.
  • The circumstances of harm in connection with damage to vehicles as a result of a road traffic accident, the nature and list of visible damage to vehicles do not cause disagreement among the participants in the road traffic accident and are recorded in the notification of the road traffic accident, the form of which is filled out by the drivers involved in the road traffic accident vehicle accidents in accordance with the rules of compulsory insurance. If neither party believes that its actions caused the accident, the help of police officers will be required to resolve the dispute.
  • The amount of insurance compensation due to the victim for compensation for damage caused to his vehicle cannot exceed 100 thousand rubles. If the owner of a car that has suffered damage believes that such compensation will not allow him to complete the necessary restoration work in full, the police will have to be involved in registering the accident.

When answering the question about in what cases the European protocol is not issued, be guided by the information given above. If the circumstances of the accident do not satisfy at least one of the listed conditions, the accident will have to be recorded in the general manner.

If one of the vehicles involved in an accident is registered in a foreign state, and its owner does not have an MTPL or CASCO policy, but is the holder of an international Green Card insurance policy, you can also file an accident yourself, using a simplified scheme. You can obtain detailed information about the procedure for assigning compensation under the Green Card by contacting a representative of the Russian Union of Auto Insurers (RUA).

What should you do after getting into an accident?

Immediately after an accident, many drivers, being in a state of stress, simply forget about what they need to do in order to comply with legal requirements. Nevertheless, the procedure that the parties to the accident must perform is extremely simple and looks like this:

  1. Stop moving. Regardless of where the accident occurred and what consequences it entailed, stop, leave the vehicle and personally assess the scale of the incident.

  2. Install a warning triangle. In accordance with paragraphs. 7.2 clause 7 of the Russian Federation Traffic Regulations, it must be set at a distance:
    • at least 15 m from the vehicle - when stopping in a populated area;
    • at least 30 m from the vehicle - when stopping outside the territory of a populated area.
  3. Record traces of the accident. To do this, use photo and video recording tools, which can be a mobile phone camera or a specialized device (for example, a camera or video camera, if available). Take a photo (or video) of the general panorama of the accident site, the damage caused to both cars, any signs of braking, vehicle license plates, as well as broken parts.

    You can also record damage using the AlfaStrakhovanie Mobile application. This method is a significant advantage for you, because... you will be able to register an insurance event in the AlfaStrakhovanie Mobile application, and in the future you will not need to contact the company’s office in person.


  4. Get contacts of witnesses to the accident (full name, home address, telephone number). If possible, obtain their written testimony. If controversial issues arise at the stage of paperwork after both parties to the accident have left the scene of the accident, witness testimony can significantly simplify the investigation procedure and help the injured party receive all the payments due to it.

  5. Fill out the accident notification forms

  6. After you have cleared the scene of the accident and completed the registration of the accident according to the Europrotocol, the participants in the accident can disperse, and you can complete the registration of the insurance event for direct compensation of the loss through the AlfaInsurance Mobile application.

Where can I get the European protocol form?

The European accident report is drawn up using a special form, which the insurance agent is obliged to give free of charge to the owner of the vehicle when applying for an MTPL or CASCO policy. If you have already used the existing form or for some reason you don’t have it at hand, you need to contact the nearest office of the insurance company. In addition, you can download the form for free on the Internet and print it on any printer (it is recommended to download the document form only from official, authoritative sources, for example, from the websites of the Garant or Consultant legal reference systems). A sample of filling out the European protocol can also be found on various resources.

What does the European protocol form look like?

The European protocol in case of an accident is drawn up on a special form of the established form, called “Notice of a Road Accident”. It consists of two sheets: the main one and the additional one (an insert on which all the information entered on the first sheet is copied). On the front side of the first sheet there are two columns, each of which car drivers fill out independently. After filling out the front side, the main form is separated from the additional one - each of them has the same legal force, so it doesn’t matter which driver gets the original and which gets a copy.

How to fill out the Europrotocol form?

The rules for drawing up a European protocol in case of an accident include the following requirements, compliance with which minimizes the risk of problems arising when reviewing documents at the insurance company:

  • when filling out the form, use a simple ballpoint pen - writing with a pencil or gel pen may be smudged or erased, which will subsequently make them unreadable;
  • fill out the form in legible handwriting or block letters;
  • try to avoid the appearance of blots and corrections in the document - they may subsequently lead to the emergence of additional questions and, as a result, require additional time spent on clarifying the circumstances of the accident;
  • You must fill in all the columns and fields provided on the form.

To find out how to fill out a European accident report, read the instructions below.

  1. The front side is filled in. At this stage it is necessary:
    • indicate information about the place and date of the incident. Here you must indicate the exact address of the accident site, and if the accident occurred on the highway, record its name and the number of the kilometer where the collision occurred. When recording the date and time of an accident, you should also be extremely careful and record its time accurate to the minute;
    • record information on the number of damaged cars (2) and the absence of injured people (0). Obviously, when registering an accident using the European protocol, there cannot be more than two vehicles that suffered damage, and there should be no people injured at all. Otherwise, the parties to the accident will have to wait for the police;
    • enter the details of witnesses to the incident (if any);
    • indicate the exact details of the damaged vehicles, their owners, as well as the persons who were driving at the time of the collision;
    • enter information about the insurance company that insured the liability of the vehicle owner on the date of the accident, as well as indicate the insurance policy number and its validity period;
    • describe the list of damaged parts and components of the car. At this stage you should be extremely careful, because any scratch, even a seemingly insignificant one at first glance, may indicate the presence of more serious damage that requires complex repairs or a complete replacement of a car part;
    • draw up an accident diagram. There are no uniform rules for its creation, but when answering the question of how to draw a road accident diagram, it is worth noting that you should strive to make an extremely clear drawing, the analysis of which will not raise any additional questions. The preparation of the circuit is carried out in the following sequence:
      • The position of the road section on which the accident occurred is marked on a sheet of paper, indicating the names of neighboring streets and house numbers located nearby (if there are other landmarks nearby, for example shopping centers, libraries, etc., it is worth noting them on the diagram ), traffic lights, road signs and markings, etc.;
      • the position of the vehicles at the time of the accident is schematically plotted on the prepared image of the area (as a rule, vehicles are depicted in the form of rectangles) with the code “A” or “B” indicated on them (in accordance with the code specified in the notice at the stage of vehicle description); the driving direction is indicated by arrows, the impact location is indicated by the X symbol;
      • under the graphic image it is necessary to give a description of all the symbols used to create the diagram;
      • in column 15, if necessary, you can indicate information missing in paragraph 16.

    If the front side is completely filled out, the diagram is drawn and the participants have no disagreements (including guilt), the drivers put their signatures in paragraphs 15 and 18 and tear the pages of the notice to independently draw up the back side.

  2. The reverse side is filled in. Here, each participant in the accident describes in detail his vision of the current situation, and also indicates under whose control the vehicle was at the time of the accident (the owner or another person). In the “Notes” column, you can write down information about the availability of additional information about the accident obtained during photo and video filming (including using a video recorder).

  3. If, after signing and separating the road accident notification forms, it is necessary to make adjustments or additions to the document, they must be certified by the signatures of both participants.

Payment limit under the European protocol

Currently, the maximum amount of compensation due to a party injured in an accident is
100,000.00 rubles.

This restriction applies to all regions, incl. for Moscow and St. Petersburg, as well as the adjacent Moscow and Leningrad regions.

However, for residents of Moscow, St. Petersburg, the Moscow and Leningrad regions, when registering an accident without authorized persons, the limit can be set at 400 thousand rubles, provided that the circumstances of the accident are recorded in one of the following ways:

  • 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 traffic accident and the coordinates of the location of vehicles at the time of the traffic accident;
  • 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 association of insurers in agreement with the Bank of Russia, and ensuring, in particular, photographing vehicles and their damage at the scene of a traffic accident.

FAQ

Within 5 working days from the date of the accident, the culprit of the accident sends a notification form about the road traffic accident to the insurer who insured his civil liability (the front side of which is filled out by both drivers, the reverse of which is the culprit of the accident). This can be done by personally visiting the company’s office or by sending a document by mail with a list of the attachments and subsequent notification of the sender that a registered letter has been delivered. In addition, the owner of the at-fault vehicle, without written consent from the insurers, must not begin repairs or disposal before the expiration of 15 calendar days, with the exception of non-working holidays, from the date of the traffic accident and within five working days from the date of receipt of the claim from the insurers is obliged to present the vehicle for inspection and (or) independent technical examination. Violation of these rules may become the reason for the insurance company to file a recourse claim against the culprit of the accident, as a result of which the latter will have to pay compensation to the injured party for the damage caused.

Within 5 working days from the date of the accident, the victim sends the following package of documents to the insurer that insured his civil liability:

  • application for compensation for material damage caused by an accident;
  • a duly certified copy of the identity document of the victim (beneficiary), i.e. passport;
  • documents confirming the powers of the person who is the representative of the beneficiary, i.e. power of attorney;
  • documents containing bank details for receiving insurance compensation, if the payment of insurance compensation will be made by bank transfer or an application for organizing and paying for the restoration of the damaged vehicle of the victim at a service station;
  • consent of the guardianship and trusteeship authorities, if the payment of insurance compensation will be made to a representative of a person (victim (beneficiary)) under the age of 18;
  • notification of a traffic accident (the front side, completely filled out by both participants in the accident with signatures and a diagram; the back side, filled out by the victim; the back side, filled out by the tortfeasor, is attached only if both copies of the accident notice were presented to the victim’s insurer)
  • documents confirming the victim’s ownership of the damaged property or the right to insurance payment in case of damage to property owned by another person.

If there is an electronic storage medium containing information that can confirm the applicant’s innocence (for example, a memory card used in a recorder or mobile phone), it should also be handed over to a representative of the insurance company.

Even if the culprit of the accident violates the deadline established by law for submitting the European protocol to the insurance company (or does not submit the document to the insurer at all), the victim will still receive the payment due to him.

Until 2014, it was impossible to file an accident under a simplified scheme if the injured party’s car had a CASCO insurance policy. Currently, the legislator does not prohibit drawing up a European protocol for CASCO insurance, so if you are the owner of such a policy, you can draw up a European protocol and subsequently receive the payment due on it.

But it is worth considering that the settlement occurs in accordance with the Federal Law of April 25, 2002 No. 40-FZ “On compulsory insurance of civil liability of vehicle owners,” i.e., only if both participants in the accident are insured under compulsory motor liability insurance and the insurer’s liability limit cannot exceed 50,000.00 rubles.

In accordance with the amendments made in 2008 to Federal Law No. 40-FZ dated April 25, 2002 “On compulsory insurance of civil liability of vehicle owners,” an accident that occurs in a parking lot is equivalent to use of a vehicle, therefore, is issued in a similar (including simplified) manner.

A non-contact accident is a type of road traffic accident in which the car that caused the accident does not directly cause any damage to the injured vehicle, but creates a situation that entails damage to the other party (for example, avoiding a collision with a car that violated traffic rules , the driver of the vehicle crashes into a tree or another vehicle). In this case, a European protocol cannot be drawn up, since the condition providing for the registration of an accident without the participation of CA employees has not been met (the road accident occurred as a result of the interaction (collision) of two vehicles).

To avoid questions that may arise from traffic police officers who stopped a car to check documents after an accident, have the form confirming the fact of the accident certified by a representative of the insurance company.

Insurers analyzed how registration of accidents without the traffic police works. It turned out that the auto insurance company may not protect the culprit of a small accident from paying for damages. If he does not comply with the relevant rules when drawing up the Europrotocol, he will have to pay out of his own pocket.

Insurance companies have already begun to issue recourse claims to such careless culprits. And you can be sure that the court in this situation will side with the insurer.

Let us remind you that the Europrotocol is a simplified way of registering an accident without calling the traffic police. The conditions are simple. You can use it if only two cars were damaged in the accident, there were no casualties, and both drivers are insured under MTPL. And they agree with the circumstances of the accident.

They need to photograph the scene of the accident with the cars, the cars themselves from different angles, and the places of damage. Then you need to drive the cars away from the driveway and fill out an accident report. This form is issued along with the MTPL policy.

Compliance with the rules for drawing up the Europrotocol will allow you to receive payment and not remain in debt

It must clearly indicate the circumstances of the incident, information about the drivers, damage caused to the vehicles, and draw a diagram of the incident. Note who performed what maneuver. Each driver must sign their part of this notice. After this, having divided the notice, each of the parties to the accident must take their sheet to their insurance company within five days.

And then two drivers met on the road. The damage to the vehicles is well within the sum. We decided to disperse without calling the traffic police, without blocking the road or creating problems for other drivers. Both drivers had heard about the Europrotocol and wanted to take advantage of its benefits.

Having completed everything that was required, they parted ways. The driver injured in the accident filed a copy of the accident report with his insurance company. And this is understandable. Ultimately, he is the one who wants to compensate for the costs of repairs. And the second participant in the accident forgot to do this.

He remembered this not within five days, but six months later. When he received a claim in the mail from an insurance company, which paid the victim the appropriate amount under the Euro Protocol.

The claim clearly stated that the culprit did not send his notification form to his insurance company within five days, that is, he did not comply with the requirements of the law on compulsory motor liability insurance. Due to the fact that the insurance company paid the victim, the right to claim compensation for the funds spent passes to it.

The fact is that the victim contacts his insurance company, which pays him money. That insurance company then seeks reimbursement from the at-fault party's insurer. But the at-fault party's insurer knows nothing about the accident. Accordingly, he not only cannot settle accounts with the opposing company, but does not even have legal grounds for this. Thus, the insurer of the victim has to issue recourse to the culprit. This is in accordance with the law. And judicial practice in this situation is on the side of the insurers.

On the one hand, such requirements do not add to the attractiveness of the Europrotocol. On the other hand, everything possible was done to promote simplified registration of road accidents. Most companies even issue a memo that spells out the entire procedure for completing the Euro Protocol.

And compliance with this procedure, as you can see, is required not only in order to receive money from your insurer, but also in order not to remain in debt to the victim’s insurer.

Let us recall that last year almost 224 thousand cases were settled under the European Protocol. The average share of the Europrotocol in reported losses is 28 percent. At the same time, the number of refusals to pay under the European Protocol last year was only 16 percent. The reason for this is errors in the preparation of the notification of an accident.

Infographics "RG" / Maria Pakhmutova / Vladimir Barshev

For many car owners, registration of an accident under the European Protocol is something new and not entirely clear. They did not even know that the culprit of the accident with this method of registration has certain obligations that must be fulfilled.

In what cases is it possible to use the Europrotocol in case of an accident? This becomes possible if certain factors are present: the accident involved two participants who came to a common opinion about the culprit, both have compulsory motor liability insurance policies, a notification form (Europrotocol) is available, the damage, in the opinion of the victim, does not exceed 50 thousand rubles, no one suffered, only the drivers' property was damaged.

If all of the above factors coincide, only then can you draw up the Europrotocol yourself. It is worth drawing your attention to the fact that after drawing up this document, the culprit of the accident has such responsibilities, without fulfilling which he may suffer financially. Because he will have to deal with the insurers. What exactly we are talking about, we will try to understand in this article.

Participants in an accident on the road do not always want to call the traffic police. Therefore, if there is the slightest opportunity, they try to solve the problem themselves.

Determining who is at fault for the accident is the most important point. If no contradictions have arisen, both drivers have an MTPL policy, no damage was caused to health, but only cars were damaged and the damage did not exceed 50 thousand rubles, then a Europrotocol can be drawn up.

There were no particular problems in preparing the document; the most important thing in this situation was the availability of the form. The notice completed by drivers after an accident must be submitted to their insurance company within 5 days.

How to do it?

You can use postal services, but it is better not to do this, since you do not have much time for delivery.

Therefore, it is best to do it yourself. At the insurance company's office you will be given a special document with a stamp confirming receipt of the notice.

Be sure to make yourself a copy of the notice.

If you still decide to send a notice by mail, do it only by registered mail with notification. An inventory of the attachment is also required.

Also use a fax and send a notice to the insurance company. After all the procedures, you should have an inventory and a notification of receipt of the letter in your hands.

At the next stage, you should receive a letter from the insurers demanding that you present the vehicle for inspection. You have exactly 5 days to do this from the moment you receive the letter.

Note! The insurance company must send you a claim only in writing. If a demand is made orally, you have the right not to comply with it.

Rules for filling out the European protocol

How to fill out the back of the notice correctly?

Since you will be filling out the notice yourself, first familiarize yourself with some of the intricacies of this process:

  • Notes should be made with a regular ballpoint pen. If you use a gel or ink pen, your notes may become blurred due to moisture. It is not recommended to draw up a document in pencil, as it can be easily erased and facts can be manipulated;
  • In this situation, it does not matter who fills out the notice. Only one form is needed.

On the back of the document, drivers independently enter information about the accident, as well as the vehicles involved in it.

In the event that there is not enough space on the back of the notice, you can add the facts on a separate blank sheet.

Important! If you made notes on an additional sheet, be sure to indicate this fact on the back of the notice. Also check who exactly made these recordings.

Recently, almost all cars are equipped with DVRs. If in your situation there is a DVR recording, then this is a good help in resolving the situation.

In the notice, be sure to indicate the presence of the recording and provide a copy of it to the insurance company. When filling out the notice cells, put checkmarks or crosses. If there is nothing to fill in some columns, put a dash through, write the word “no” or the letter Z.

Contacting an insurance company after an accident

When an accident occurs, its participants, who have an MTPL insurance policy, submit an application to the insurance company for damages.

To do this, you will need to prepare the following documents:

  • certificate of accident (if there is no Europrotocol);
  • notification of an accident;
  • a protocol drawn up by traffic police officers on an administrative violation;
  • documents on ownership of the car;
  • resolution in a case of administrative violation;
  • driver's license or power of attorney;
  • bank account number;
  • OSAGO insurance policy.

In addition, you must submit the following documents:

  • results of an independent examination (if one was performed);
  • receipt for payment for expert services;
  • documents confirming payment for the tow truck and storage of the car in the parking lot.

All papers are accepted by insurers according to the inventory.

Note! All documents submitted to the insurance company must be photocopied.

If there is a disagreement between you and your insurer who does not want to fulfill its responsibilities, write a complaint to the manager of the insurance company.

Support your claims with documentary evidence. No more than 5 days are allocated to consider the complaint and provide a response after its receipt.

You can only file an application in court if you have made all attempts to resolve the situation pre-trial.

How are compensation payments made under compulsory motor liability insurance?

If the accident is recognized as an insured event, you can receive compensation in cash at the insurance company's cash desk, or ask for money to be transferred to your bank account.

If you took out an MTPL policy after an amendment to the law on compulsory civil insurance was introduced in April 2017, then most likely you will be offered to restore the car at a car service center with which the insurer signed an agreement.

If the culprit has an MTPL insurance policy, his insurance company compensates for the damage to the victims. The culprit himself repairs his property damaged in an accident at his own expense.

What is the amount of compensation for victims under compulsory motor liability insurance?

  • The maximum amount of payments for property damage is 400 thousand rubles. This amount is paid to each victim;
  • If the life or health of the victim is damaged, the amount of payments will be 500 thousand rubles.

These amounts of payments are established by law and apply to each insured event. They do not depend either on the number of accidents that occurred during the insurance period, or on the insurance company to which the victim applied.

What happens if you don’t notify the insurer about an accident?

Regression procedure.

During the recourse procedure, the culprit of the accident is obliged to return to the insurers the funds that they spent compensating the damage to the victim.

There are not always grounds for regression. Let's look at cases where insurers can exercise this right.

The reasons why the recourse procedure can be applied are described in Art. 14 of the “Law on Compulsory Motor Liability Insurance”.

Usually the victim's insurance is paid by his or her insurance company. Later, the insurers of the driver at fault for the accident return these funds to the victim’s company.

The regression procedure resembles the situation described above. Only in this case, the funds are returned not by the insurance company, but directly by the culprit of the accident. All this happens through the courts.

The insurance company files a claim in court against the person responsible for the accident, demanding compensation for their expenses.

Why sometimes the person at fault who has insurance still has to spend his money on the victim?

As we already mentioned at the very beginning of the article, after independently completing the Europrotocol, the participants in the accident have certain responsibilities.

Recourse is possible in the event that the culprit of the accident did not fulfill the main requirement - did not send to the insurer within 5 days after the accident a copy of the notice filled out after the accident (clause “G”, clause 1, article 14 of the “Law on Compulsory Motor Liability Insurance” ).

That is, if the insurer paid compensation to the victim in the amount of 400 thousand rubles, and the culprit of the accident did not bother to send the corresponding notice to the insurance company, then he will personally have to compensate the insurance company for its expenses. In addition, legal costs should be added to these expenses.

How will the situation develop when the person responsible for the accident did not deliver the car for inspection to the insurance company, although he received a corresponding written request, or began repairing the vehicle earlier than 15 days from the date of the accident?

In this case, a recourse procedure is also carried out (clause “Z”, clause 1, article 14 of the “Law on Compulsory Motor Liability Insurance”). This article states that if, within 15 days after an accident on the road, repairs or disassembly of the car begin, then this action is a violation of the law. Accordingly, the insurance company has every right to a recourse procedure.

When the cars are not submitted for inspection to the insurance company within 5 days, the insurer also has the right to apply recourse to the person responsible for the accident.

So, we have listed all the requirements that the insurance company may present to you if you independently filled out the Europrotocol after an accident.