Explanation in case of an accident - how to protect your interests? Sample of filling out an explanatory note in case of an accident Explanatory road accident form.

After the introduction of European protocols, drivers began to contact the traffic police less and less when they were involved in a minor accident. After all, the received material damage can always be covered by insurance. But the time saved when mutually resolving a traffic accident sometimes reaches several hours, which benefits both parties to the conflict. But in order to draw up the mentioned form, motorists will need an explanatory note in case of an accident, a sample of which we will consider in the article below.

Any documentation used in registration of an accident, is strictly regulated. An explanatory note is a kind of report about the accident that occurred, which describes in detail the following:

This document also indicates which of the passengers was sitting in the back, who was in front, and whether the driver was wearing a seat belt at the time of driving the vehicle.

Advice! But before you start filling out the explanatory note in case of an accident, uniform model, the car owner must decide in advance which side of the conflict he takes (the initiator or the victim). After all, the content of the form will directly depend on this.

Why is it compiled?

An explanatory certificate is a written statement of the point of view of each of the participants in a traffic accident, and therefore in the future it can be used by State Traffic Inspectorate employees to determine the culprit of the accident. Also, this document is sometimes required by insurance company employees if their representative was not at the scene of the accident. After all, who will be recognized as the initiator of the conflict directly determines in whose favor compensation for damage will occur.

If one of the participants in the car accident refuses to fill out an explanation for the accident, then the traffic police, with almost one hundred percent probability, will recognize him as a violator. A person can prove the opposite only if there is a photo/video recording of the incident or witnesses who are ready to confirm the status of the victim.

Filling rules

We mentioned earlier that before drawing up an explanatory note, the driver should decide on the side he takes in a traffic conflict.

After all, the completed forms for the initiator of an accident and the injured motorist will be noticeably different. To better understand the difference between the culprit of an accident and the victim, we will look at three different examples filling out an explanatory letter.

For the culprit

Being one hundred percent sure that he was wrong in a traffic accident, the citizen needs to write the following in the explanatory document:

“I, Ivanov Stepan Aleksandrovich, driving a VAZ-2109 car (registration number P877PA98) drove onto the roadway from the yard without giving priority to the Mercedes S200 car. Due to bad weather conditions, I was unable to see the mentioned traffic participant in time. I fully admit my guilt in the incident.”

It is important to know! As you can see, the presented explanatory report about the accident contains a minimum of information, since one of the participants in the conflict voluntarily took the side of the initiator of the accident. But in practice, a similar lack of information about witnesses to a collision occurs quite often. After all, few people want to spend their time analyzing the situation at the traffic police and visiting the State Traffic Inspectorate every day.

For the innocent

If the motorist is one hundred percent sure of his innocence in the accident, then he will have to enter more extensive information into the explanatory note. And it will look something like this:

“I, Petrov Ivan Sergeevich, moving along the street. Trubnikov 16 A, in a VAZ-2110 car (state number G875RA98) with a passenger Andrey Pavlovich Sidorov, being fastened with a seat belt, collided with a Moskvich car, which was moving in reverse along the left side. Weather conditions allowed the second participant in the road conflict to see my car in advance. There is dashcam video of the accident. I do not consider myself guilty in this situation, and I refuse to testify in my favor, in accordance with Art. 51 of the Constitution of the Russian Federation."

Despite the fact that the law requires participants in a traffic conflict to provide a more detailed explanation of the accident, car owners are not required to enter all the data. In the absence of some information, you can refer to absolutely any reason (the culprit tried to escape from the scene of the accident, and therefore his license plate number could not be seen, or the driver was focused on driving through a dangerous area, which is why he did not notice the details of what happened, etc.).

For those unsure of the situation

As practice shows, the parties most often cannot find out among themselves exactly who is to blame for an accident and who is not. And in in this case This is not about a complete denial of guilt by both drivers, but about the uncertainty that arises among the participants in the accident due to the stress they received. In such circumstances, you need to act as follows:

The driver’s full name, make and license plate number of his car are entered in the header of the explanatory sheet;
The fact of a collision is indicated (it is not worth describing the details, as this may work against you);
The conclusion mentions that the motorist does not consider himself guilty (even if this is not entirely true).

Also, it is imperative to exclude from the explanatory note all possible eyewitnesses of the car accident, since their information may differ from the true picture of the accident. As an evidence base for registration compensation payment according to compulsory motor liability insurance, lawyers recommend using only video recording (if available).

What to do if the driver is in a cloudy state

When involved in a traffic accident, almost all motorists experience severe stress. And sometimes this state prevails over a person so much that he can hardly express his thoughts, not to mention write an explanatory report on an accident. But such circumstances are never taken into account in court. Therefore, while in shock from the accident, it is strictly not recommended for the driver to describe what happened on paper or put signatures on a ready-made form.

If the victim cannot avoid filling out an explanatory document, then when drawing it up it is necessary to indicate as little information as possible. For example:

“I, Sergeev Vitaly Konstantinovich, got into an accident. I am not able to describe the situation in detail, since this moment I'm under a lot of stress. I will give all comments regarding what happened later, when applying for MTPL insurance or in court.”

Advice! It is categorically not worth mentioning either witnesses or participants in the accident (except yourself). Only after the driver has recovered from the shock can he contact the traffic police to draw up a correct sample explanatory note to the traffic police in case of an accident, indicating all the necessary data.

What not to write about in an explanatory note

We learned how to correctly draw up a note on behalf of the culprit and the victim, as well as what information a sample explanatory note in an accident should contain. Now is the time to consider that part of the information that clearly does not belong in the document. This includes:

Attention! All of the above data will either have no meaning in court, or will work against the applicant. This means that it is clearly not worth indicating them in the explanatory notice.

Important Details

Form explanatory note in case of an accident, you can download it on the Internet or ask it from traffic police inspectors if they are at the scene of the accident. But in general, it is advisable to always carry such a document with you in your car, in case you get into a traffic conflict. When filling out the mentioned paper, in addition to generally accepted information, the driver must indicate some details of the incident, such as:

But this information should be mentioned in passing, without attributing the entire blame for the accident to it. After all, in this case you risk not getting insurance payment and car repairs will fall entirely on your shoulders.

We learned how to fill out an explanatory form for an accident, and what data it is advisable to avoid when compiling it. In conclusion, let us add that specified document applies not only to the collision of two Vehicle, but also when a car collides with a pedestrian. After all, people on foot are also considered participants traffic, and therefore interaction with them will definitely be equated to an accident.

A sample explanatory note in case of an accident must be filled out after emergency situation. The explanatory document should reflect the personal data of the injured citizen, as well as provide an objective description of the emergency situation. In order to get a complete picture of what happened, the participants in the accident set out in detail their own version of how exactly the accident occurred. It is important to note where, in which direction and at what speed both drivers were moving.

The explanatory form for an accident contains a certain set of indicative provisions with the desired information. It is not necessary to comply with every point. Also, the requirement of traffic police officers to rewrite the explanatory note is not legal. If there is a need to supplement the document, the missing information is written down at the end.

The explanatory note of the participant in the accident is written personally to the victims. If a citizen does not agree with the specific actions of the traffic police officers in the process of clarifying the circumstances of the accident, then it is important to reflect all the facts in the explanatory document.

According to the rules of OSAGO, if there is a scheme accident victim will not be exempt from filling. Two copies of forms Insurance Company provides the driver with the registration of the contract for compulsory insurance. If there are two participants in an accident, then one form is filled out, in which all disagreements between the drivers are recorded. When there are more than two participants in the accident, each driver fills out an individual notification form.

To send forms by registered mail, the insurer is given five working days. Along with the form, the victim submits an application for insurance payment (download). The package of documents should be accompanied by a certificate of an accident submitted by the police, a resolution on administrative offense and a copy of the protocol.

Information for explanatory

An explanatory report on an accident is drawn up on an A4 sheet. The injured driver fills out the document on both sides. The explanatory note contains the following provisions:

Date and place of birth;
Identity document;
Place of residence and registration;
Place of work, position and address of the organization;
Contact phone number;

Detailed description of the emergency situation.

In the part of the document containing a description of the emergency situation, it is necessary to reflect on the basis of which legislative acts the victim considers himself innocent in the accident. According to Article 4.2 of the Code of Administrative Offenses, mitigating circumstances may be applied to a participant in an accident. administrative responsibility. Also on based on the article 25.1 of the Administrative Code, a citizen has the right to familiarize himself with the case materials, give explanations, present evidence, file petitions and challenges.

According to current legislation, the investigator studies accident situation during two months. The investigator undertakes to interview all participants in the accident, and only after collecting all the information, render a verdict. It is allowed to fill out an explanatory note both on the day of the accident and later.

After the explanation has been drawn up, it should be placed in the yellow box at the traffic police, or provided personally to the investigator. The investigator analyzes the explanatory documents of all participants in the accident. If necessary, carried out additional types examination

Something is not clear? Ask a question in the comments and get a specialist answer.

hummer-h2.ru

I, full name, moved on __.__.2013 in__.__towards Krasnaya Armii Ave. on a Gilera Fuoco 500 scooter. I did not break the rules, I monitored the traffic situation.

At the intersection with Berounskaya Street, unexpectedly for me and other traffic accident participants, a black Hummer without a properly installed license plate drove out at a red light. Having noticed the danger and avoiding an accident, I was forced to brake into oncoming traffic, where I stopped on the side of the road.

During the process of braking, maneuvering and stopping, I heard a strong blow from behind. Turning around, I saw that the Hummer car had hit the Suzuki Jimny car, license plate number ______, next to me in the same direction, practically tearing off its hood space. Having noticed a girl driving the injured Suzuki Jimny, I went to provide her with possible first aid.

As I approached the car, I noticed a child in a child seat in the back seat. I opened the trunk of the damaged car, took out a child (a boy about 4 years old) through it, took a warning triangle there, installed it, and helped the girl driver get out through the driver’s door window.

Having escorted her and the child to the side of the road and making sure that they were not seriously injured, I asked the driver of the Mitsubishi Airtrek license plate _____, who also stopped to provide assistance, to call Ambulance and traffic police. Next, I approached the Hummer vehicle solely to make sure whether its driver needed my help. Through the open window of this car, I saw two people who clearly arrived from the southern regions. This was evidenced by dark skin, curly, coarse hair and character traits faces.

I assumed that there were lost Spanish tourists in front of me and asked friendlyly in their native language if they had noticed the red traffic light - Al huele pido rosa? (I studied Spanish at a school at the USSR Embassy in Madrid, where my father worked as a driver).

In response, the Hummer driver hit me in the head area with his left hand through the open window of his car. Since I had not taken off the helmet, which I am required to wear according to traffic regulations, at that moment, the blow fell on it. This is how I explain the broken 4 fingers on his left hand. Then he jumped out of the car and struck him in the head area with his right hand. This is how I can explain her fracture in the area of the radius.

A passenger who then jumped out of the same car hit me on the back with some heavy object, I did not engage in single combat with him, but simply carefully laid him on the asphalt and, like a law-abiding citizen, began to wait for the arrival of the traffic police squad. He did not cause any damage to me, since under the jacket I was wearing motorcycle gear, more colloquially known as a “turtle.” His broken nose and broken jaw can be explained by the fact that the airbags did not work when the Hummer hit the Suzuki Jimny and he was injured on the front panel of the car.

I can’t say anything about the torn to shreds service ID of an Assistant Deputy of the Makhachkala Council of Deputies in the name... Full name...., since I don’t know it. I also don’t know how torn service ID could end up in the Hummer driver's mouth and esophagus.

I can’t say anything about the group of citizens on motorcycles and scooters gathered around the accident site, since I don’t know these people at all.

I also know absolutely nothing about who cut all the wheels of the Hummer, who pierced its roof with a crowbar, who broke all the windows and cut the leather interior, thereby rendering it unusable, and with the already mentioned crowbar tore apart the already damaged hood and damaged the engine.

The veracity of my words can be confirmed by witnesses and participants in the accident, for example, drivers of a Mitsubishi Airtrek vehicle with license plate number______ and a Suzuki Jimny vehicle.

Date __.__.2013 Signature_________(___________)

After on accident scene A traffic police officer has arrived and must give drivers explanatory forms. We recommend that you draw it up yourself, but if this is not possible (stress, shock or damage), then the inspector has the right to fill it out in your words. The second option involves carefully checking what is written before signing. One of the main documents required to fill out of this document- This is a passport of a citizen of the Russian Federation.

Attention is the main indicator that is required to formulate an explanation. Remember that this document is not 100% proof of the guilt of one or another party to the accident, but if the case goes to court, the data from the explanatory note can become very important. And if inconsistencies are noticed in them or witnesses refute your words, then you will not be able to win the trial.

There are no uniform requirements for how to correctly write an explanation in case of an accident; everyone has the right to write what they see fit. We will give only some recommendations. When filling out the form, you must be careful and attentive. It is important to ensure the accuracy of the information provided. When you have questions, it is better to ask them to the traffic police officer.

Date and time of the accident; - License number and make of your own car: “I, driving /license number, make/. "; - Number of passengers in your vehicle; - Direction of movement of your car, street, etc.: “moving along / highway, street, highway / towards ... from the side ...”; - The row you were driving in and speed; - Models and brands of other vehicles involved in the accident; - Various circumstances of the accident; - Information about victims and witnesses of the accident.

What you should not write in the explanatory note:

did not see the sign/marking/traffic light (such actions are equivalent to the inability to correctly assess the road situation, which led to the accident);
committed a violation unintentionally (“another car cut you off”, etc.);
was in a mild/moderate stage yesterday/today alcohol intoxication;
having a long driving experience (does not matter to the traffic police or the court, since experienced drivers violate traffic rules).

Not guilty of the accident The most important thing is to indicate immediately at the end of the document that you do not admit to any degree your guilt in the incident. When filling out the form, simply, but in detail, tell us about what happened, clarifying that you personally did not violate any traffic rules. If one of the causes of the accident was bad weather conditions, then be sure to write about that too.

The Traffic Rules provide explanations for all driver actions in the event of an accident. In this situation, the driver is required to install an emergency stop sign, turn on the hazard lights, and call the traffic police. But all further actions are not explained in detail. For example, how to write an explanatory note correctly? All questions related to the preparation of an explanatory note can be asked to the employee who arrived to register the accident.

But it is better to have a prepared sample explanation for an accident at the traffic police. Or know how to write it correctly in order to present the situation truthfully and in a favorable light. The process of filling out an explanatory note by road accident participants. Drivers receive explanatory note forms from traffic police officers.

This form is sometimes filled out with one’s own hand, and sometimes - by the inspector according to the driver. Remember that you will need your passport information to complete the explanation.

Attention

Yes, we help you figure out how to write it. And we provide legal assistance according to an accident So. What questions does a driver ask when faced with the need to write an explanation for an accident:

“What does an explanation of an accident look like?”
“I don’t know what to write in it”
“After an accident, I immediately need to go and fill out an explanation about the accident, or maybe later”
“What to do next after writing an explanation about the accident”

We answer: “What does an explanation about an accident look like?” An explanation of an accident looks like an ordinary A4 sheet. The driver fills it on both sides. You can see a sample of the filling below (click on the image to enlarge it).

“I don’t know what to write there”? In the explanation of the accident, in addition to your personal data, you need to write how the accident actually happened. Those. where you came from and where you were going. Where did the second participant in the accident come from? Which traffic light was on, etc. Those.

Attention

Sample of filling out an explanatory note in case of an accident Question Answer What is the procedure for filling out an explanatory note? - drivers receive a form from traffic police officers; - it is filled out either by a warrior or an inspector; - sign after reviewing it, if you did not write the application. What information must be provided? - Date and time of the accident; - License number and make of your own car: “I, driving /license number, make/.”; - Number of passengers in your vehicle; - Direction of movement of your car, street, etc.: “moving along / highway, street, highway / towards ...

from the side..."; - The row you were driving in and speed; - Models and brands of other vehicles involved in the accident; - Various circumstances of the accident; - Information about victims and witnesses of the accident.

Procedure for registration in the event of the driver’s inability to draw up a document If the driver at the time of the accident was heavily intoxicated with alcohol or drugs, or received very serious injuries, then the traffic police inspector himself fills out the explanatory note for him. It is important to remember here that you should not sign a document that you are unable to read.

After all, you don’t know what exactly the traffic police officer wrote there. If you had passengers with you who were not injured in the accident or are in adequate condition, then ask them to read the document and explain to you how accurately all the data is indicated. Only after this can you sign. The driver may be in a severe state of shock and not be responsible for his actions. Then it is better to indicate this in the explanatory note with reference to the same 51st article of the Constitution of the Russian Federation.

If guilty

The most difficult option for explaining an accident is when the driver is clearly at fault. In such a situation, few people will truthfully describe the circumstances of the collision and admit their guilt in writing. The overwhelming majority of at-fault drivers, in the process of writing an explanatory statement, distort the situation that led to the accident and try to shield themselves. How to describe the circumstances of an accident if the driver is at fault?

You will have to enter your personal data in the explanatory form, but it is better to refrain from any description. The law allows you to refer to the Constitution, which gives the right to refuse to testify against yourself (Article 51). When describing an accident, you should not use another strategy: trying to shift the blame to the other driver. It must be understood that this version of the explanatory note will set investigators and judges against its compiler.

In an ambiguous situation, when the driver is not sure of his innocence, there are no clear tips on writing an explanatory note. It is better to coordinate the actions of the driver in an accident with a car lawyer. The note must reflect information about the absence of one’s guilt, but refrain from describing the collision itself, citing constitutional law keep silence.

Often in result of an accident the driver is in a state of shock. In this case, how should you behave so as not to write unnecessary, unreliable information in the explanatory note, which gives you the right to blame the person driving the car for the collision, how to describe the accident in your own words?

You have to concentrate and try to adequately assess your condition. If a person is not sure that he really evaluates what happened, you can refuse detailed description. Then in the explanatory note it is not forbidden to refer to a state of shock. And in the future, you can call for the help of a lawyer in case of an accident. Such tactics will help avoid undesirable consequences of a collision and will not make it possible to place all the blame on one participant.

It is important to be careful about the formatting of your explanation. It cannot be evidence of the driver's guilt. But if you and the other participant in the accident do not come to an agreement, then there will be a second and third analysis, with the participation of witnesses. Perhaps everything will go to court. And it can be difficult to challenge the information that the participant in the accident himself presented in hot pursuit.

The Traffic Rules provide explanations for all driver actions in the event of an accident. In this situation, the driver is required to install an emergency stop sign, turn on the hazard lights, and call the traffic police. But all further actions are not explained in detail. For example, how to write an explanatory note correctly?

You can also check with him about how to write an explanatory note, but have general ideas The rules for writing a note are important for every car enthusiast. We invite you to study with us an example of an explanatory note in case of an accident for different situations: when the driver is at fault, acted according to the rules and when there is doubt about determining the degree of guilt.

When the driver is not at fault in an accident, an explanatory fact of an accident processed without any problems. This is the simplest type of explanation for a car enthusiast. The complete detailed information about the incident. It should be emphasized that when driving the car, the driver took into account meteorological and environmental conditions and observed traffic rules.

How to correctly write an explanatory note to the traffic police regarding an accident

September 23, 2019 at 17:05 I am IVAN IVANOVICH, driving a Chevrolet Lanos car. N432SR99, moving along the street. Dekabristov, at a speed of 40 km/h (i.e. did not exceed and took into account road and weather conditions), the road was dry. Driver PETER PETROVICH PETROV drove out of the yard, between houses 23 and 25, without giving me an advantage, driving a VAZ 21093. N234SR99.

I could not prevent the collision, since the distance between the cars did not allow me to stop. Without changing my lane, as soon as I saw a danger to traffic, I applied emergency braking, but a collision could not be avoided. I don’t consider myself guilty of the accident; I didn’t violate any traffic rules.

Hi all. Today we are talking about an unpleasant topic - how to write correctly in case of an accident and consider examples. For clarity, we will consider the simplest accident when leaving the yard: In the case of an accident, several options are possible:

You are unable to determine guilt and are unable to write (shock)
You are definitely not at fault for the accident
You may be at fault for an accident
You are definitely at fault for the accident

Note samples and examples - how to internal document an enterprise note is an internal document of an enterprise, which is one of the types memo, and contains explanations and reasons for any event, incident, action, usually of a negative nature.

business style presentation, absence of profanity, colloquial vocabulary;
brevity of presentation, reliability of the information presented;
the document is written in the first person, sentences are arranged logically, sequentially, in chronological order;
At the end, a personal signature and the date of writing must be affixed.

In the upper right corner, indicate the name of the manager or other official, to whom you are submitting an explanation. For example: “To the director of Romashka LLC, Vasily Leonidovich Bulochkin.”
Below, under the addressee, indicate your name and position: “from senior engineer Petr Ivanovich Sidorov.”
In the center, indicate the name of the document: “Explanatory”.
The main part of your explanatory note is a statement of specific facts that led to the situation that requires clarification. Here is an example of an explanatory note: “01/09/2019 I did not go to work due to the fact that a cold water supply pipe burst at my home. After calling the emergency services, I took measures to stop the flow of water and minimize the damage. For reasons unknown to me emergency service arrived at the site only 4 hours after the call, that is, at 12:00. The repair crew shut off the water supply and began repair work at 12:30 p.m. Due to the fact that the gust was strong, the total duration of the work took 3.5 hours, that is, they ended only at 16:00. All this time I could not leave the apartment due to the fact that I live alone, and there was no one else to provide workers with access to the apartment. The repair team collected the equipment and left only at 16:30. Due to the fact that the working day ends at 17:00, I decided not to go to work that day. I could not call and report what had happened, because due to the recent snowfalls there was a break in the communication lines, and the landline telephone did not work, and mobile phone I do not have. I am attaching to the explanatory note a certificate confirming the fact that the accident occurred and the repair work was carried out.”
At the very end of the explanatory note about being late for work, put down the date of submission of the document and your personal signature: “01/09/2019, Sidorov P.I.”