39.1. Choose the correct statement regarding one of the conditions for using the joint report on a road traffic accident (European Accident Statement):
UAОберіть правильне твердження однієї з умов використання спільного повідомлення про дорожньо-транспортну пригоду (Європротоколу):
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This exam question from the Traffic Rules of Ukraine concerns road safety and the correct actions a driver should take after a traffic accident, when the incident can be processed without calling the police. Knowing the conditions for using the European Accident Statement is important not only for the theoretical exam, but also for real-life situations on the road, since a mistake in completing the form can lead to denial of insurance compensation and unnecessary legal problems.
The question tests the section of the traffic rules that regulates the driver's duties in case of involvement in a traffic accident and the procedure for completing the joint notification of a road traffic accident. In the Traffic Rules (specifically, point 2.11 and the definitions in point 1.10), the logic is clearly established: the European Accident Statement is an insurance settlement tool, so a mandatory condition is that each participant must have valid MTPL insurance, and for vehicles registered abroad—a valid "Green Card." This explains why the correct option is the one where both drivers must have insurance policies.
Analysis of the options shows typical traps of the theoretical exam: the requirement for a policy only from one driver does not meet the conditions of the European Accident Statement, because the mechanism provides for the participation of two insured parties. The option where an alternative such as certificates (combatant status or disability) is added to the insurance policy is also incorrect in the context of the joint notification: the Traffic Rules require valid liability insurance (or a "Green Card"), not other documents. Accordingly, the statement that all options are correct is also wrong.
In practice, this means: before agreeing to process an accident without the police, drivers should immediately check the validity of MTPL insurance for each participant. If at least one policy is missing or invalid, processing under the European Accident Statement may lose its meaning for the insurer, and it will be necessary to act according to another procedure provided by the traffic rules.
Clause 2.11 (driver's duties in case of involvement in a traffic accident; completion of the 'European Accident Statement')
In case of involvement in a traffic accident, the driver is obliged, in particular, to take measures to preserve the traces of the accident and to document the accident in the prescribed manner; at the same time, drivers have the right, without involving authorized units of the National Police, to jointly complete a notification of a traffic accident (European Accident Statement) provided that the established requirements are met, among which it is directly stipulated: each driver must have a valid policy (certificate) of compulsory civil liability insurance (for vehicles registered abroad — a valid 'Green Card' insurance certificate).
Explanation of application: this specific provision of the Traffic Rules establishes one of the mandatory conditions for documenting a traffic accident without the police through a joint notification — both participants must have valid MTPL/‘Green Card’ insurance.
Clause 1.10 (the term 'Notification of a traffic accident (European Accident Statement)')
Notification of a traffic accident (European Accident Statement) is a document of an established form, which is filled out by the drivers — participants of the traffic accident jointly in the cases and manner provided by legislation and the Rules, for documenting a traffic accident without involving authorized units of the National Police.
Explanation of application: the question checks understanding that the 'European Accident Statement' is precisely a joint notification of the established form, which is allowed only under the conditions defined by the Traffic Rules (in particular, if both drivers have valid insurance).
That is, the correct answer is: 'The presence of valid insurance policies ("Green Card" insurance certificates) for compulsory civil liability insurance for both vehicle drivers,' given that, according to the definition in the Traffic Rules, the completion of a joint notification of a traffic accident (European Accident Statement) is permitted only if the established conditions are met, one of which is a valid MTPL/‘Green Card’ policy for each driver involved.
The joint notification of a traffic accident (European Accident Statement) is used in cases where the participants of the accident can document the incident without calling the police and submit the information to the insurance company for claim settlement. That is, it is specifically a tool for insurance settlement, not just a “simplified form.”
For the European Accident Statement to have legal validity, insurance companies must have grounds to accept the materials and make a payment. That is why one of the key conditions for its use is the presence of a valid compulsory third-party liability insurance contract for each driver whose vehicle was involved in the accident. If at least one participant does not have a valid MTPL policy (or an international “Green Card” certificate), insurance settlement via the European Accident Statement becomes impossible, and the incident will need to be processed differently.
Let’s imagine a typical situation: in a parking lot, one car damages another, the drivers agree on the circumstances and are ready to fill out the joint notification. But if either the at-fault driver or the victim does not have a valid insurance policy, submitting the notification to the insurer for MTPL payment will be problematic, because the European Accident Statement mechanism requires that both parties are insured and act within the scope of insurance coverage.
Therefore, the correct answer is: "Both drivers of the vehicles must have valid insurance policies (or 'Green Card' insurance certificates) confirming the conclusion of compulsory third-party liability insurance contracts," since the European Accident Statement is used for insurance settlement of accidents, and without valid MTPL insurance for each participant, the insurer cannot accept the documentation and make a payment.