It is no secret that in a minor accident, its participants may not call the traffic police inspectors and simply fill out the Euro protocol. Since 2015, damage to the Euro protocol cannot exceed 50 thousand rubles, however, this procedure is not without pitfalls. To start filling it, you need to know a few nuances so as not to get into an unpleasant situation.
What is europrotocol?
So, the form about a traffic accident, which is issued together with the insurance policy, is the Euro protocol. The amount of damage on it cannot exceed 50 thousand rubles, therefore, as a rule, accidents at the Euro protocol are not serious. Along with the notice in the insurance company, a leaflet with a description of how to fill it out should also be issued, although it is not always available to the driver.
A second leaflet, which is a copy, must be attached to the notice. It is recommended that the Europrotocol be filled only with a ballpoint pen and with good pressure so that all letters and numbers are printed clearly.
The notice has two sides - "A" and "B". When registering a Euro protocol, it does not matter who fills out what part of the sheet.
How to fill it in correctly?
In order for the victim to be returned the direct actual damage at the Euro protocol, it is important to fill it in correctly.
- Filling out points 1-8 usually does not cause difficulties for participants in an accident. These lines can be filled by one person.
- Filling in points 9-12 should be done by each of the participants in the accident personally. The personal data of the victim and the perpetrator are indicated here.
- Point 14 must be completed very carefully. All damage to the vehicle must be clearly described here.
- Clause 16 fills in all the circumstances of a traffic accident. It is enough to put the necessary checkmarks.
- In paragraphs 15 and 18, each participant in the accident certifies the authenticity of what is stated by his signature.
It is worth noting that corrections in the notice are allowed, but they must be certified with two signatures.
The reverse side of the Euro Protocol must be filled out by each participant separately. It is necessary to write by hand and not missing a single item.
Only two
So, it’s not enough just to arrange the Europrotocol correctly. Damage assessment is permissible only when both participants in the movement meet certain requirements.
For example, it is impossible to use the notification on your own if an accident occurred between a car and a truck or a car with a trailer, which is considered already for two vehicles.
Europrotocol is also filled only when there is contact between two cars. If one participant in the movement decided to "escape" from the collision and crashed into a pole, then in this case it is necessary to call the traffic police inspectors.
Required documents
Before agreeing to fill out a notice, you must carefully study the documents of the other party. It is important to pay special attention to the CTP policy, without which it is impossible to draw up a Euro protocol. Is the vehicle insured? No one will indemnify you if the policy was overdue or issued to another person. If everything is in order, you will receive a cash payment.
The owner of the CASCO registration of the accident on the Euro Protocol is not suitable. The fact is that when insurance is paid, companies require a certificate from the road inspection, which is issued only after an accident has been issued by an inspector. This is not very convenient, so in the future, perhaps, such a ban will be lifted.
You also need to check your driver’s license and documents for the car. It is also impossible to draw up a notice without them.
Key moment
When filling out a notice about a traffic accident, it is necessary to clearly and clearly describe all the points. Avoid ambiguous phrases such as "I admit my guilt, but not in full." Damage to the Euro Protocol in this case will not be refunded.
Both participants in the movement must agree among themselves and one is obliged to fully assume all the blame for the accident.
It must be recognized that the design of an accident without the presence of inspectors sometimes raises many questions. A large number of victims who agreed to fill out notices did not wait for payments due to the fact that the culprit fraudulently issued his part of the papers and did not write the main phrase - "I fully admit my guilt."
Close attention of insurers
It should be noted that many insurance companies are in no hurry to return damage through the Euro Protocol and carefully check such notices. And they can be understood, because before there were often cases when the "participants" of an accident agreed to dishonest money back.
Pay special attention to notices on which payments should be substantial. Insurance companies are not particularly carefully considering Europrotocol with minor damage, but if the amount approaches 20 thousand rubles, then the attention increases at times.
To avoid fraud, some insurance companies refer to their own appraisers, who can honestly assess the amount of damage caused and inspect both cars.
It is also not recommended to use Europrotocol if the accident occurred in another region, not where the CTP policy was issued.
The danger of the Euro Protocol
When filling out a notice there is always a certain danger. Basically, we are talking about such cases if, according to the Euro protocol, the damage is more than 50 thousand rubles. To avoid this, after a collision, all damage must be carefully assessed. There are also situations when the victim does not notice all the scuffs and scratches, which also require painting, and, therefore, financial investments. Therefore, there is a rule that if the participants are not sure about the cost of the repair, then it is always necessary to call the traffic police inspectors.
Of course, a victim with a lack of payments can go to court to be compensated for the rest of the damage, however, in court practice there are rare cases when applications for payments of amounts in excess of the European protocol are satisfied. If the victim nevertheless managed to win the case, then the culprit of the accident will be required to pay the difference of damage from his own pocket.
There is another pitfall. The culprit who has appealed to the court may also demand invalidation of the European Protocol. There are many different reasons when a notice is invalidated, and if he succeeds, then the victim will have to return all the money to the insurance company.
What are the risks of the culprit?
The main danger for the culprit can be attributed to the case when during the accident the participants issued a Euro protocol and the damage exceeded the mark of 50 thousand rubles. The fact is that the established amount does not include damage from wear of parts. In such cases, the victim has the right to go to court and difficult times begin for the guilty party with legal proceedings.
There were also such cases when the victim sued after the repair, which by check exceeded the maximum possible amount of payments. In this case, in addition to the insurance amount, he is entitled to receive a part of the funds actually spent.
Therefore, not only the victim, but also the culprit should think about whether or not to agree to issue a notice of an accident. However, all these problems can be avoided. It is important to know only a few simple tricks.
How to protect yourself?
First of all, it is necessary to assess the extent of the damage caused. This must be done before starting to draw up the Euro Protocol. Was the damage greater than the maximum possible amount? The culprit should not be afraid to call dealerships and find out the approximate cost of repairs. You can contact the body shop for repair and in a telephone conversation to describe all the damage.
Do not trust the victim that the repair of all dents and scratches will not cost more than 50 thousand rubles. He may be mistaken or just cunning.
It is also worth paying attention to the year of manufacture of the vehicle. If the car is less than three years old, then the victim may demand compensation for the loss of the commodity value of the car.
If even the slightest doubt creeps into the perpetrator’s head, you should immediately call the DPS car. Let it take much more time and effort, but in the future he will definitely protect himself from unplanned spending. However, do not forget that the insurance policy also has a certain limit. The payment may not exceed 500 thousand rubles. If the damage is very serious and with the victims, then perhaps the guilty will have to shell out anyway, but only through a court order.
As a last resort
But what if the damage to the Euro protocol is greater, but the victim adjusts to the design of the accident without the participation of traffic police inspectors?
Lawyers in this case strongly recommend that you demand from the innocent side a receipt that the person does not have any financial claims against the culprit.
The receipt must necessarily contain the whole picture of the accident, the date when the collision occurred, a description of all the damage, personal data and, of course, a signature. If the receipt was otherwise filled out, then it is automatically invalidated.
If the culprit also has doubts in this case, then it will be worthwhile to attract third parties. Two witnesses with their personal details and signatures on the receipt are enough. In court proceedings, they may be called to a court session.
What happens if Europrotocol is not provided to the insurance company?
Previously, there was a rule that within five working days each participant in a traffic accident should bring a completed policy to his insurance company, but now this requirement has changed and now both copies of the notice are borne by the victim to his insurer. If you do not meet the deadline, then the damage to the Euro Protocol will not be paid. But this is not all the trouble.
If the notice was not provided in time to the insurance company, then it has the right, after payment of the damage, to demand from the culprit of the accident the compensation of all costs from its own pocket. Therefore, the guilty party should not relax after filling out the Euro protocol. It is necessary to control the entire process, up to the inspection of damage to the car, so as not to deal with any problems later.
Also, the culprit is obliged to pay the victim compensation from personal funds in the event that he disposed of the vehicle that was involved in the accident within five days after the accident or in the same period sent it for painting. In such situations, the insurance company cannot adequately assess the damage.