39.2. Is it allowed to draw up a joint report on a road traffic accident (European Accident Statement) in case of damage to objects other than vehicles?
UAЧи можна скласти спільне повідомлення про дорожньо-транспортну пригоду (Європротокол) у разі завдання шкоди об’єктам крім ТЗ?
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This exam question from the Traffic Rules of Ukraine concerns the safe and proper documentation of road traffic accidents, particularly cases where drivers attempt to resolve matters without involving the police. This topic is important for anyone taking the theoretical exam, as mistakes in documenting an accident can lead not only to issues with insurance payouts but also to administrative liability. In practice, drivers need to clearly understand the limits of simplified documentation in order to act legally and not complicate the situation.
The question tests knowledge of the section of the Traffic Rules regarding the driver's actions in the event of an accident and the procedure for drawing up an accident report (European Accident Statement), based on clause 2.11 of the Traffic Rules. The key point of this provision: the European Accident Statement is possible only when two vehicles are involved, there are no injured persons, both drivers have valid MTPL insurance policies, both agree on the circumstances, and the consequences are limited to damage to these vehicles only. If any objects or property other than the vehicles involved (such as a fence, sign, pole, building, barrier, etc.) are damaged, the conditions of clause 2.11 are not met, and the simplified procedure does not apply.
This is why the answer "yes" is incorrect: it ignores the requirement that the European Accident Statement is intended only for cases without "third-party objects" in the damages. The statement "yes, if the owner of the damaged property has no claims" is also incorrect, because the presence of damage to third-party property already falls outside the procedure, regardless of any agreements at the scene. The option "none of the statements are correct" is not suitable, since the correct logic directly follows from the traffic rules: if there is damage to objects other than vehicles, the European Accident Statement is not drawn up, and the documentation must be done in another way (in particular, involving the police and properly recording the circumstances).
Clause 2.11
In the event of a road traffic accident involving only two vehicles, both of which are covered by compulsory civil liability insurance policies (contracts) for land vehicle owners, in the absence of injured (deceased) persons, and provided that the drivers of these vehicles agree on the circumstances of the accident, and neither shows signs of alcohol, drug, or other intoxication or is under the influence of medications that reduce attention and reaction speed, the drivers have the right, without involving the relevant unit of the National Police, to jointly complete a road traffic accident notification according to the established form (European Accident Statement) and leave the scene of the accident.
Key condition for answering the question: the use of the European Accident Statement is possible only in the case of an accident between two vehicles without other consequences; if damage is caused to any objects (property) other than the participating vehicles, the conditions of this clause are not met, and the European Accident Statement does not apply.
Clause 1.10 (term "Road Traffic Accident")
Road Traffic Accident — an event that occurred during the movement of a vehicle, as a result of which people were killed or injured or material damage was caused.
Clause 1.10 (term "Vehicle")
Vehicle — a device intended for the transportation of people and/or cargo, as well as special equipment or mechanisms installed on it.
Therefore, the correct answer is "No," given that according to the definition in the Traffic Rules, the European Accident Statement (accident notification) is allowed only for accidents between two insured vehicles and does not cover cases where damage is caused to objects (property) other than the vehicles involved.
The European Accident Statement (joint notification of a road traffic accident) is intended for the simplified documentation of only minor incidents, when drivers can independently record the circumstances and submit the document to the insurance company for compensation payment. Its essence is that the documentation is done without the police, but only in cases clearly defined by law.
One of the key requirements for using the European Accident Statement is that only the vehicles of the participants may be damaged in the accident. That is, it is allowed if only two (or more) cars involved in the incident are damaged, and there are no other affected objects or persons.
If, as a result of the accident, anything other than the vehicles is damaged, for example a fence, road sign, lighting pole, building, barrier, or other property, the conditions for the European Accident Statement are no longer met. In such a situation, simplified documentation would be incorrect, since a third party (the property owner) is involved, and the case falls outside the scope of the European Accident Statement.
For example: two drivers collide in a parking lot and only their vehicles are damaged, and they agree on the circumstances — then the European Accident Statement is possible. But if during this collision one of the cars also hits a curb stone, gate, or wall and there is damage to property that is not a participant's vehicle, the European Accident Statement cannot be used.
Therefore, the correct answer is "No," since the European Accident Statement is applied only when damage is caused exclusively to the vehicles of the accident participants, without damage to other objects.