LawRegulatory Compliance

Europrotocol damage: description, reimbursement and calculation of the amount

It's no secret that in case of a non-serious accident its participants may not call inspectors of traffic police and simply fill in the euro-protocol. Since 2015, damage to the euro-protocol can not exceed 50 thousand rubles, but this procedure is not without pitfalls. To begin to fill it, you need to know a few nuances in order not to get into an unpleasant situation.

What is the europrotocol?

So, the form about the road accident, which is issued together with the insurance policy, is the europrotocol. The amount of damage on it can not exceed 50 thousand rubles, therefore, as a rule, accidents on the euro-protocol are not serious. Along with the notice in the insurance company, a sheet with a description of how to fill it in must still be issued, although it does not always come with the driver.

A second leaflet must be attached to the notice, which is a copy. It is recommended to fill out the euro-protocol 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 is absolutely not important who fills what part of the sheet.

How to fill it correctly?

For the victim to be returned direct real damage with the europrotocol, it is important to fill it correctly.

  1. Filling in paragraphs 1-8 usually does not cause difficulties for road accidents. One person can fill in these lines.
  2. Filling of items 9-12 must be carried out by each of the accident participants personally. Here you can find the personal data of the victim and the culprit.
  3. It is necessary to fill in paragraph 14 very carefully. Here, all damage to the vehicle must be accurately described.
  4. In paragraph 16, all circumstances of an accident are filled. It is enough to put the necessary checkboxes.
  5. In paragraphs 15 and 18, each participant of the accident shall certify the authenticity of the information stated in 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 is filled out by each participant separately. It is necessary to write by hand and not missing a single paragraph.

Only two

So, it is not enough just to issue the europrotocol correctly. Assessment of damage is permissible only if both participants in the traffic meet certain requirements.

For example, it is impossible to use the notice yourself if an accident occurred between a car and a truck or a car with a trailer, which is already counted for two vehicles.

Also, the Euro-protocol is filled only when there is a contact between the two cars. If one member of the movement decided to "get away" from a collision and crashed into a pillar, then in this case it is necessary to call DPS inspectors.

Required documents

Before agreeing to complete a notice, it is necessary to carefully examine the documents of the other party. It is important to pay special attention to the MTPL policy, without which it is impossible to draw up a Euro-protocol. Is the vehicle insured? Damage to you no one will reimburse, if the policy was overdue or issued to another person. If everything is in order, you will receive a cash payment.

The owner of CASCO registration of the accident on the europrotocol will not work. The fact is that when paying insurance in the company require a certificate from the road inspection, which is issued only after the registration of an accident by the inspector. This is not very convenient, so in the future, perhaps, such a ban will be canceled.

You also need to check the driver's license and documents for the car. Without them you can not make a notification.

Key moment

When completing the notification of a transport incident, it is necessary to clearly and clearly describe all the points. It is necessary to avoid ambiguous phrases, such as "I admit my guilt, but not in full." In this case, the damage to the euro-protocol will not be reimbursed.

Both parties to the motion must agree among themselves and one is obligated to fully assume all the blame for the accident.

It is necessary to recognize 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 the notices did not wait for payment because the culprit incorrectly 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 slow to return damage on the euro-protocol and carefully check such notices. And they can be understood, because earlier there were often cases when the "participants" of an accident agreed for a dishonest return of funds.

Particular attention should be paid to notices on which payments should be substantial. Insurance firms do not pay close attention to Euro-protocols with minor damages, but if the amount is close to 20 thousand rubles, then the attention increases many times.

To avoid cheating, 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 apply the europrotocol if the accident occurred in another region, not where the OSAGO policy was drawn up.

The danger of the Euro-Protocol

When filling out a notice, there is always a certain danger. In general, we are talking about such cases, if the europrotocol damage more than 50 thousand rubles. To avoid this, after a collision it is necessary to carefully evaluate all the damages. There are also situations where the victim does not notice all the scuffs and scratches, which also require painting, and, therefore, money investment. Therefore, there is a rule that if participants are not sure about the cost of repair, then it is always necessary to call inspectors of traffic police.

Of course, the victim with a shortage of payments can apply to the court to be reimbursed for the rest of the damage, however, in judicial practice, cases where applications for payments of amounts over the Euro-protocol are satisfied are rare. If the victim still managed to win the case, then the culprit of the accident will be obliged to pay the damage difference from his own pocket.

There is another pitfall. The culprit who has applied to the court may also demand that the europrotocol be recognized as invalid. There are many different reasons when the notice is declared invalid, and if it succeeds, then the victim will have to return the insurance company all the money.

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 amount set does not include damage from wear and tear on parts. In such cases, the victim has the right to apply to the court and for the guilty party difficult times begin with legal proceedings.

There were also cases when the victim filed a lawsuit after repair, which on checks exceeded the maximum possible amount of payments. In this case, in addition to the sum insured, he is entitled to receive a portion of the money actually spent.

Therefore, it is not only the victim, but also the culprit, that should think about whether to agree to the registration of an accident notification or not. 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 scale of the damage inflicted. You need to do this before you start compiling the euro-protocol. The damage was greater than the maximum possible amount? The culprit should not be afraid to call in the dealer centers and to learn approximate cost of repair. You can contact the body repair shop and in a telephone conversation describe all the damages.

Do not believe the injured that repair of all dents and scratches will not cost more than 50 thousand rubles. He can be wrong or just cunning.

It is also worth paying attention to the year of production of the vehicle. If the car is less than three years old, the victim may also demand compensation for the loss of the commodity value of the car.

If the head of the perpetrator creeps in even the slightest doubt, you should immediately call the DPS machine. Let it take much more time and effort, but in the future, it will definitely protect itself from unplanned spending. However, do not forget that the policy of OSAGO has a certain limit. The payment can not exceed 500 thousand rubles. If the damage is very serious and with the injured, then perhaps the guilty will still have to shell out, but only through a court order.

As a last resort

And what if the damage on the europrotocol is greater, but the injured person is setting up an accident without the participation of DPS inspectors?

Lawyers in this case strongly recommend to demand from the innocent party a receipt that the person has no financial claims to the culprit.

The receipt must contain the entire picture of the accident, the date when the collision occurred, a description of all the damages, personal data and, of course, the signature. If the receipt was filled in in another way, then it is automatically recognized as invalid.

If the culprit, and in this case, creeps in doubt, it will be superfluous to attract and third parties. Two witnesses with their personal data and signatures in the receipt are sufficient. During legal proceedings, they may be summoned to a court session.

What will happen if the europrotocol is not provided to the insurance company?

Previously, it was the rule that within five working days each participant in the transport incident should bring the filled policy to his insurance company, but now this requirement has changed and now both copies of the notification are borne by the victim to their insurer. If you do not meet the deadline, the damage to the euro-protocol will not be paid. But this is not all trouble.

If the notice was not provided in time to the insurance company, then after the payment of damage it is entitled to demand recovery of all costs from its own pocket from the culprit of the accident. Therefore, the guilty party should not relax after filling in the euro-protocol. It is necessary to check the whole process, up to inspecting the damages of the car, then not to deal with any problems.

Also, the culprit is obliged to pay the compensation to the victim from personal funds in the event that he used the vehicle that participated in the accident within five days after the incident or at the same time gave it for painting. In such situations, the insurance company can not adequately assess the damage caused.

Similar articles

 

 

 

 

Trending Now

 

 

 

 

Newest

Copyright © 2018 en.unansea.com. Theme powered by WordPress.