How to complete a Europrotocol: things drivers should bear in mind that aren’t immediately obvious

The Europrotocol is often seen as a simple way to quickly ‘part ways’ after a minor road traffic accident without calling the police. And indeed, in many cases it helps to save time, avoid waiting for a patrol, prevent traffic jams and move on to settling the insurance claim more quickly.

But there is an important caveat: the European Accident Statement only works if it is completed correctly and if the situation itself meets the conditions set out in the law. Otherwise, the document that was meant to simplify the process may, on the contrary, complicate the process of obtaining compensation.

Let’s take a look at what you need to bear in mind.

First – the basic rules

A Europrotocol can be completed without calling the police if all of the following conditions are met:

• The road traffic accident is a ‘contact’ accident, i.e. there was a collision between the vehicles;
• only two insured vehicles are involved in the accident;
• the damage is limited to the vehicles;
• there are no injuries or fatalities;
• both drivers have valid compulsory motor third-party liability insurance policies;
• the drivers show no signs of being under the influence of alcohol, drugs or other intoxicating substances, or of taking medication that impairs their attention or reaction times;
• the drivers agree on the circumstances of the accident.

If at least one of these conditions is not met, you must call the police.

At first glance, it all seems straightforward. But in practice, it is often the details that lead to mistakes.

1. You must not only ‘have’ a policy, but also check that it is valid

If you are completing a paper Europrotocol, you should not only ask the other driver for their compulsory motor third-party liability insurance policy but also check its validity via the MTIBU database.

Why is this important? Because the policy must be valid at the exact moment of the accident. If the policy is not valid – whether it has expired, has not yet come into force, or the details have not been entered correctly – this could affect the settlement process.

Saying ‘I’ll buy a policy now’ after an accident does not resolve the situation. Insurance cover does not apply retrospectively.

If the party at fault in the accident does not have a valid MTPL policy, the incident must be recorded with the involvement of the police. In such a case, compensation may be paid by the MTIBU or through a direct settlement mechanism, if there are grounds for this, but the procedure will be different.

Incidentally, it is not possible to complete an electronic Europrotocol with an invalid policy.

2. ‘We’ve agreed’ is not always enough

One of the most common mistakes is to assume that, for the purposes of the Europrotocol, it is enough to agree “not to call the police”.

In reality, what matters is something else: the drivers must agree specifically on the circumstances of the accident. That is, how the accident happened, who was travelling in which direction, where the vehicles were positioned, which part of the vehicle was struck, and what manoeuvres the parties were performing.

At the same time, the Europrotocol is not a document in which drivers independently ‘assign blame’. The final assessment of the circumstances, the accident diagram and the grounds for compensation is carried out by the insurance company during the claims settlement process.

Therefore, if one driver says, ‘You cut me off,’ and the other replies, ‘No, you were driving into my lane,’ this is no longer a mutual agreement. In such a situation, it is better not to complete the Europrotocol ‘in the heat of the moment’, but to call the police.

3. You must not leave the scene of the accident immediately

Another important point: drivers are only permitted to leave the scene of the accident after completing a paper or electronic Europrotocol.

In the case of the electronic Europrotocol, this is particularly important, as the form must be completed directly at the scene of the accident. The system records the time and geolocation, and the procedure is only considered complete once the document has been generated and sent to the parties involved.

With the paper Europrotocol, the logic is the same: if drivers drive off first and then fill in the diagram ‘from memory’, there is a risk of inaccuracies. They may incorrectly state the position of the vehicles, the direction of travel, the point of impact, road signs or road markings. And it is precisely these details that subsequently influence the insurer’s assessment of the case.

A common mistake, therefore, is to quickly photograph the damage and, rather than simply clearing the road, drive off and fill in the Europrotocol later. It is best not to do this.

The Europrotocol should be completed calmly, not ‘just to get it over with’

A road traffic accident is a stressful situation that you want to ‘sort out’ as quickly as possible. But it is precisely this rush that most often leads to mistakes: an incorrect diagram, incomplete information, inaccurate explanations or omitted details.

Before signing the European Accident Statement, it is worth checking once more:

• whether the date, time and place of the accident are correct;
• whether the details of the vehicles and insurance policies match;
• whether the diagram of the accident is clear;
• whether all damage has been listed;
• whether there are any discrepancies between the parties regarding the circumstances of the incident.

The Europrotocol was created to make life easier for drivers. But it only works properly when it is completed carefully.

We advise our Motor Third-Party Liability and CASCO customers to call us immediately in the event of a road traffic accident on 0 800 501 503 or 470 – and a service centre operator will advise you on the correct course of action for your specific situation.

We wish you smooth roads and accident-free driving!