Europrotocol pros and cons. Pitfalls of the Russian Europrotocol

According to the new rules on direct compensation for losses, you can file an accident without traffic police inspectors. This becomes possible if the damage does not exceed 25,000 rubles. But remember that if additional, hidden damage is discovered later, this money may not be enough.

As a rule, insurers do not want to fully compensate for damage and deliberately underestimate the assessment results. Their main trump card is the lack of a unified assessment methodology. In fact, “independent” experts can write an assessment methodology themselves and work successfully using it. The situation is unlikely to change with the introduction of direct settlement of losses and the European protocol, when victims will be able to apply for payment to their insurance company. It’s just that now companies will agree among themselves how much to pay the client.

You can use the European OSAGO protocol only under very many conditions:

• The accident involved only two vehicles;
• No harm to health;
• The amount of damage does not exceed 25 thousand rubles. If the repairs turn out to be more expensive, then even through the court it will be almost impossible to compensate for the damage, because the accident has not been registered with the traffic police.
• Also, the simplified registration of road accidents does not apply to the so-called “surroundings”.

In connection with the innovation, insurers are afraid of a surge in fraud, and everyone will be suspected. It is quite possible that you will have to prove your good faith in court. So it will not be possible to relieve traffic jams on the roads due to minor accidents using the European protocol. To avoid problems, car owners will have to file collisions in the old way.

Cunning scheme

Typical situation: in the morning, at rush hour, a minor accident occurred (damage less than 25,000 rubles). More than 80% of urban accidents are minor, and inspectors are the last to attend to them. But our drivers are late for work and simply cannot wait several hours for the IDPS to arrive.

The solution in this situation would be to use compulsory motor liability insurance. To do this, it is enough to fill out a notification of an accident, draw an approximate diagram of the accident there and get the signature of the second participant. After that, everyone takes the documents to their insurance company, because that’s where I determine the culprit. As you can see, traffic police officers are completely absent from this chain.

If the circumstances of the incident are not so obvious (there are disagreements), then you can go another way. Few people know that in Russia there has long been an alternative to the European protocol. The fact is that the rules allow you to draw up a diagram of the accident yourself, and then come to the nearest traffic police post, where further registration of the accident will be carried out. In this case, unlike the European protocol, you will receive real certificates, and the culprit of the accident will be determined not by the insurer, but by the investigator (investigation group). The main thing is to draw up a diagram very carefully, indicating the address, width of the roadway and location of cars. Every little detail matters here: the scattering of fragments, the condition of the road surface and weather conditions.

Remember, if there is even the slightest doubt or disagreement about the circumstances of the accident, then it is better to file everything in full and wait for the traffic police to arrive.

Today, in large cities, the population daily faces the problem of huge traffic jams due to the fact that cars that are involved in minor accidents must wait for hours for traffic police officers to register the incident. This creates a lot of trouble for both drivers and ordinary citizens who cannot get to work or home on time. The introduction of the European protocol in Ukraine can partially solve the problem. The European protocol will help relieve congestion on the roads, since drivers will not have to wait long for the traffic police at the scene of an accident if it is minor. The Europrotocol is also an opportunity for a victim of an accident to apply for compensation for losses to his insurance company, and not to the company of the harm causer, as was previously the case.

Photo: PHL In its form and essence, the European protocol is just an official report about an accident

In its form and essence, the European protocol is just an official report on an accident, drawn up by its participants, who insured their liability under the terms of compulsory motor liability insurance, and signed by each of them personally. Its appearance in the Ukrainian legal field is associated with the approach of Euro 2012. But, contrary to popular belief, the European protocol does not exclude traffic police protocols, but only complements them. In other words, fill out this document with simple questions on the topic “how did you get into an accident?” will have to be done regardless of whether the traffic police are called to the scene of the accident, or whether the drivers resolve the problems on their own. It’s just that in the latter case, in order to receive insurance compensation, you won’t have to wait for a court decision, pay a fine and contact the police.

The founder of the European protocol is France. Over the past 30 years, the system has spread to many European countries. True, there is no uniform European legislation on this matter. Each country sets its own rules and limits on the amount of insurance compensation. The only thing that is unified is the European protocol form itself. In all countries that recognize it, the forms and questions are the same. The only difference is that in the UK the European protocol is in English, in Spain - in Spanish, in Ukraine it will be in Ukrainian, etc.

By the way, in neighboring Russia, where the European protocol appeared earlier, the French model is used. In France, drivers involved in accidents can negotiate without calling the police in any case if the damage is caused exclusively to cars. That is, there were no injuries in the accident and no property in the car was damaged. In Belgium, for example, the rules are more liberal: the police do not have to be called, even if there are injured people (but not dead).

Photo: PHL The European protocol is drawn up and signed at the scene of the accident by the insured and the victim

The European protocol is drawn up and signed at the scene of the accident by the insured and the victim; it must set out the common vision of the insured and the victim regarding the circumstances of the accident and the diagram of this incident.

The victim has a choice: contact the insurance company of the person responsible for the accident or his own insurer. If the direct insurer refuses direct compensation for losses, the victim will have the opportunity to appeal to the at-fault party's insurance company. At the same time, the conditions for applying to the insurance company of a direct insurer are stipulated by the law on compulsory motor liability insurance. A direct settlement is possible if the damage was caused only to property, and the accident involved two insured vehicles. In all other cases, the victim must continue to contact the company responsible for the accident.

The benefits for traffic police and drivers from the introduction of the European protocol will be mutual. The European Protocol will enable victims of road accidents to agree on compensation for damage without the participation of representatives of the State Traffic Inspectorate, which will allow the incident to be resolved in a shorter period of time. At the same time, registration of an accident without the participation of the traffic police will allow victims to avoid administrative liability, which now occurs in almost all cases.

According to traffic police, in 2009, 230 thousand road accidents were recorded. Only 30 thousand of them are cases with victims that require government intervention. The remaining 200 thousand road accidents are property disputes that can be settled by insurance companies.

There are several reasons for the delay in introducing the European protocol. The first is the lack of popularity of MTPL among drivers, which excluded the possibility of an amicable solution to the problem in case of an accident. The second is resistance to traffic police. Although officially the State Traffic Inspectorate strongly supports the idea of ​​resolving issues regarding minor accidents without its participation, unofficially this may lead to a reduction in the traffic police staff. The indicators for fines and receipts for issuing certificates will also decrease. The third is the unpreparedness of Ukrainian insurance companies. With the introduction of direct loss settlement, the insurance market should be prepared for a jump in loss rates for this type of insurance. Insurance experts also predict an increase in the number of cases of insurance fraud in the market by approximately 10%. With the introduction of the European protocol, insurance companies will have to think about the possibilities of optimizing the costs of conducting cases under compulsory motor liability insurance. One of these methods could be the introduction of undocumented circulation of policies under compulsory motor liability insurance. This could save insurers' MTPL costs by approximately 25%. But for this it is necessary to ensure the flawless operation of the centralized MTIBU database.

Photo: PHL In Russia, the European protocol has not taken root at all

However, even if the European protocol is introduced in Ukraine, it is unknown how it will take root here. In Russia, for example, it did not take root at all. Firstly, for now the bill provides that traffic police officers will not go to the scene of an accident if it involves causing damage exclusively to a vehicle. If there was a briefcase with important documents and money in the car and it was damaged, then you still cannot do without the traffic police, because damage to additional property is not taken into account when drawing up a European protocol.

Secondly, contrary to the law, not all vehicles are still covered by compulsory motor third party liability insurance policies for vehicle owners (MTPL). In addition, the European protocol only concerns compensation for damage caused by the secured vehicle to other secured vehicles within the framework of compulsory motor liability insurance.

So for Ukraine, undoubtedly, a positive thing is that the number of traffic jams will decrease, since those involved in road accidents will not waste time waiting for traffic police officers to arrive. But there are also a number of negative aspects. For example, our people have a different mentality compared to European citizens, and therefore the number of cases of fraud will inevitably increase, while the ability of insurance companies to exercise their right of recourse under Art. 38 of the Law of Ukraine "On compulsory insurance of civil liability of owners of land vehicles."

I've heard a lot about the European protocol. For example, that lawyers categorically do not recommend using it. Why? What's wrong with this European protocol?

Basil

Europrotocol is a system that allows you to register an accident yourself, without the participation of traffic police officers, and also remove your vehicles from the road. Its principles are fully consistent with the new legal norm, which came into force on July 1, 2015. This term came to us from Europe, where a similar method of registering an accident without the participation of the police has been used for a long time.

The Europrotocol is possible under the following circumstances:

• no more than two cars were involved in the accident;
• no harm was caused to the life and health of drivers, pedestrians, or passengers;
• there was no damage to other property except the cars of those involved in the accident;
• availability of compulsory motor liability insurance for each driver;
• if the participants in the accident have no disagreement regarding its circumstances, as well as the list and nature of damage to the vehicles.

Disadvantages of the Europrotocol

Elena Chuvashova, head of the legal department of the Agency for Settlement of Disputes with Insurance Companies, tells the story.

1. The maximum amount of compensation that the insurance company will pay is 50 thousand rubles.

2. There may be hidden damage on the car that is not visible during a quick inspection. Fixing some of them is sometimes very expensive. And drivers who are not experts may not notice them.

3. When filling out the European protocol (this is a two-sided form with two columns, each driver fills out his own), it must be written that the culprit fully admits his guilt and has no complaints. If the report contains the phrase “I partially admit my guilt,” then the victim’s insurance payment will be denied.

! By the way, you can get a form from the insurance company when you apply for compulsory motor liability insurance.

4. Within 5 days of the accident, both participants must take the form to their insurance company. If this rule is violated, the victim may also be left without payments.

5. Both drivers must sign the protocol. If one of them does not sign, the European protocol is invalid and you need to call the traffic police. If there is a need to make adjustments or additions to the road accident notification document after signing and separating the forms, they must be certified by the signatures of both participants in the road accident.

6. If the form is torn, damaged or difficult to read, you must fill out a new form. Once the forms have been signed and separated, no changes, corrections or additions are permitted.

After filling out the forms, you can leave the scene of the accident. If you intend to contact the insurance company, please attach your copy of the European protocol to your application.

According to the Russian Union of Auto Insurers, 12% of 1,368 road accidents that occurred in Izhevsk in 2015 were registered under the European protocol

In small accidents, the damage is often disproportionate to the time it takes to file an accident report. The solution was the European protocol, which is filled out on the spot by the participants in the incident themselves without involving the traffic police. There are many advantages here: firstly, there will be no fine for causing an accident, secondly, it will take no more than fifteen to twenty minutes, thirdly, passing drivers will not cast evil glances at you - they say that a traffic jam has been created here due to... for scratches on the bumper.

There are also quite a few complications: either there is no form, or the maximum stipulated amount is then not enough to cover the damage. Nikolai Gomin, director of the Avtolot auction for the sale of wrecked cars with CASCO, explained all the nuances of the European protocol. By the way, now the maximum payment amount is 400 euros, there is a discussion about raising the limit up to 1000 euros. Increasing the threshold to a thousand euros will allow you to register accidents with larger damages without the traffic police, which will also save your time.

The first problem that drivers face is the lack of this document itself. You can get it from your insurance company, but when you take out a motor vehicle or CASCO policy, usually no one remembers the European protocol. In case of minor accidents, people would be happy to draw up a document and quickly leave for business, but they simply do not have the form. It is better to take several copies from the insurer at once. They are issued free of charge, and will definitely not be superfluous. We were convinced of this when we drew up a document for an impromptu accident, having done everything correctly only the third time (read about this in the second part of the material). No blots or strikethroughs are allowed. Therefore, it is important that you always have several copies of the European protocol with you.

We make up an accident. There was a minor accident of almost new “state employees”, popular among Belarusians: Nissan Almera there's a backlog at the intersection Kia Rio, both sedans are 2014 models. The Kia's fender was scratched, and the Nissan's bumper was cracked. Cars are parked at a busy intersection - Masherov Ave. and st. Bogdanovich. If you leave the cars, a traffic jam will form in about fifteen minutes. You have a choice: either wait for the traffic police, who will come to you for some time, or fill out a European protocol.

You can draw up a document right at the scene of an accident, without moving cars. Important: immediately After an accident, all passengers must move to a safe place- on the curb or sidewalk. The driver must display a warning triangle. The sign should be placed not near the car, but 50-150 meters away, depending on the intensity of the flow and the speed of the cars. Otherwise, the consequences may be much worse than a dented door or a scratched fender. Remember, for example, the incident on the Moscow Ring Road in 2013, when a MAZ crashed into a broken down Daewoo Matiz - in that accident there could have been no fatalities if the driver and passenger of the faulty car had crossed the ring fence.

The main nuance is the injured and guilty parties must take photographs of the accident scene from different sides. It is necessary to film the position of the cars, road signs, several general shots of the accident, as well as damage from close range. The images should clearly indicate who caused the accident. It is necessary must be done before moving cars to the side of the road so as not to impede traffic, and draw up a European protocol. It may happen that you drive off, and the driver who caused the accident immediately declares that he is innocent and that you violated the traffic rules. Photos will be proof that you are right. There is also a nuance for the culprit: the victim may realize the next day that the repair costs more than 400 euros, drive the car to the scene of the accident, call the traffic police and say that the culprit has left the scene of the accident. At the same time, the culprit, in joy and with thoughts of “getting off easy,” could throw away the European protocol.

Let's return to the European protocol. The damage must be immediately assessed. This is not easy to do - many car owners do not know (and should not know) how much it costs to paint an element or a new headlight. In our example, the cars are almost new and are serviced at official services, so calling the dealer (service station) with a question about the cost of repairing the part will help determine the amount for restoring the damage. You should find out the total figure: work on removing, painting and installing the element. Also check the color of the car - the cost of work may vary for different shades. If the car is older, you don’t need a dealer - just call any body repair service. Just in case, look for the service on the website of the Belarusian Bureau of Transport Insurance. Then the insurance company will not have any unnecessary questions for you if you decide to restore the car at one or another service station.

The main point when calling is to determine exactly whether 400 euros is enough for you or not. The stated amount is close to the maximum and there is no certainty that this money will be enough - it is better not to risk it and call the traffic police. If you meet the European protocol maximum, you simply fill out the form with the other participant in the accident and drive away.

A slightly different situation - when the car has CASCO. When submitting documents to the insurance company, a nuance appears. In CASCO policies there is a clause: “N calls without calling the traffic police.” Usually there are two or three. The filing of a European protocol means just such a case. If you exhaust the limit, in the future you will be able to report damage to the car only with a report from the State Traffic Inspectorate. Some insurance companies are willing to pay no more than 5% of the amount of the car for treatment without involving the traffic police. That is, even if your car is insured under CASCO, you will still receive no more than five percent of its value, because you did not call the traffic police to draw up documents about the accident. In the case of a “state employee”, like Nissan Almera or Kia Rio, 5% is about ten million rubles, which is approximately equal to the maximum payment under the European protocol. Only the owner of the car, who is indicated in the registration certificate, or a person who has a general power of attorney, contacts the insurance company. You need to have with you a completed European protocol, registration certificate, insurance policy, medical certificate (if you have CASCO insurance) and a technical inspection certificate.

Let's consider another situation: the person responsible for the accident was backing up and damaged the bumper of your car with a towbar. He drives away, the plastic suddenly straightens, leaving only a small scratch. There seemed to be no further damage. The victim arrives for service and is told that the internal fasteners are broken. Four hundred euros is not enough for repairs. If a European protocol was drawn up, the insurance company will not allocate more than this amount. You will have to pay extra out of your own pocket, or file a recourse claim against the person responsible for the accident in order to get the missing difference. Also, the insurance company under the CASCO system can file a recourse claim against the culprit if the cost of restoration work is more than 400 euros. It happens that participants in an accident incorrectly assess the damage and think that they got off lightly, and then they need to start legal proceedings. This often happens with new cars: it seems that the front grille is simply cracked, but then it turns out that it can only be replaced complete with a bumper, which costs more than 400 euros. Assess the damage correctly, which we wrote about above. This is important for both the culprit and the victim in an accident.

To the culprit accident needed keep the European protocol and photographs from the accident scene for three years. The injured party, seeing that the amount of repairs exceeds the payment limit under the European protocol, can throw away its copy of the document and contact the traffic police with a statement about the accident, the culprit of which has disappeared. If the driver who caused the accident has a completed European protocol, there will be no claims from the traffic police against the motorist. The period of responsibility under the State Traffic Inspectorate is two months. The established statute of limitations is three years, so it is better to keep the document with you all this time. When filing a recourse claim against you, the European protocol can be a good argument: the second driver agreed with the damage, and who knows, he suddenly “broke” some element for the sake of a larger payment.

There are several other important points. When people were injured and this must be recorded, you should contact the traffic police to register an accident. The car involved in the accident is registered in another country - again you cannot do without the State Traffic Inspectorate.

It turns out that the European protocol is a convenient and quick way to deal with a minor accident. But why do situations regularly occur when, due to a barely noticeable scratch, two out of three rows are blocked and huge traffic jams accumulate? The main reason is that people are afraid that they will not receive insurance payments. In addition, many do not have forms with them. The document itself is double, but you only need to fill it out once: all the information is pressed onto the second page - therefore, by the way, it is better to write with strong pressure. After filling out the European protocol, you need to carefully check all the recorded data - not only yours, but also the other parties. In case of any inaccuracies, the insurance company will not accept the document and, of course, there will be no payment.

“Personally, minor accidents happened to my car twice. And the European protocol was tested in action. It's really convenient. In one case, after we cleared the lanes, the driver who hit me said he was innocent. “They saved the photographs from the scene of the accident, which I took immediately after the accident,”- says Nikolai.

We invite you, dear readers, to try your hand at filling out the European protocol. Simulate a minor accident - for example, you stopped at a traffic light, but the car behind you did not have time and hit the bumper of your car. Print out a copy of the form and fill it out with a colleague, relative or friend. In a few days we will publish a continuation of the article, which will be devoted to correct preparation of the European protocol- and then you will know whether you can get 400 euros of insurance or not. Perhaps this will be useful in the future. After all, as you know, it is better to suffer during exercises and feel confident during combat.

Stanislav Ivaneyko