39.3. Is a joint notification of a road traffic accident (European Accident Statement) completed if damage is caused to a third vehicle, in addition to the two participants of the accident?
UAЧи складається спільне повідомлення про дорожньо-транспортну пригоду (Європротокол) якщо шкода завдана третьому ТЗ, крім двох учасників ДТП?
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This exam question from the Traffic Rules of Ukraine concerns the proper documentation of a road traffic accident and road safety from the perspective of legal consequences: when it is possible to do without the police, and when it is prohibited. For the theoretical exam, it is important to understand that an incorrect way of documenting an accident can complicate insurance settlement and lead to additional liability.
The question tests the topic of the joint notification of a traffic accident (European Accident Statement) within the framework of traffic rules, in particular the requirements of clause 2.11 regarding the conditions for documenting an accident without the involvement of authorized units of the National Police. The key condition of the European Accident Statement is that the accident must involve only two vehicles and no harm must be caused to third parties or other vehicles beyond these two. If a third car is damaged, this condition is not met, so the documentation must follow the general procedure with police involvement.
In the answer options, all formulations that attempt to “allow” the European Accident Statement in the presence of a third damaged vehicle are incorrect: neither the fact of minor damage nor limiting the number of vehicles changes the basic requirement of involving only two vehicles. A practical example: after a collision, one car is thrown into a parked car—there is now a third affected party, and a joint notification between two drivers cannot correctly record all the consequences of the accident for insurance and legal matters. That is why in such situations, the European Accident Statement does not apply.
Clause 2.11
In the event of involvement in a road traffic accident, the driver is obliged to act in accordance with the requirements of this clause, in particular to document the accident with the participation of authorized units of the National Police, if the conditions for documentation without their participation are not met.
This same clause establishes that drivers (owners) of vehicles involved in an accident have the right, without the participation of authorized units of the National Police, to document the accident by drawing up a joint notification of a road traffic accident (European Accident Statement) only if certain conditions are met simultaneously, in particular: there are no fatalities or injuries, the drivers have agreed on the circumstances of the accident, the drivers show no signs of intoxication, and the accident involved only two vehicles (without causing damage to third parties/other participants beyond these two).
Brief application: if a third vehicle is damaged (that is, more than two vehicles are actually "involved" in the accident or there is damage to a third party), the condition of "only two vehicles" is not met — therefore, the European Accident Statement does not apply and the accident is documented with police participation according to the general procedure provided by clause 2.11.
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.
Brief application: damage to a third vehicle is material damage within the scope of a road traffic accident, but under such circumstances the prerequisite of the Traffic Rules for documenting specifically with the European Accident Statement (involvement of only two vehicles) is not met.
That is, the correct answer is "No.", given that according to the definition of the Traffic Rules, the European Accident Statement is possible only when the accident involved only two vehicles and no damage was caused to third parties/other objects beyond these two participants.
The European Accident Statement (joint notification of a traffic accident) allows participants to document an incident without calling the police only in strictly defined cases. Its essence is that the document is filled out by two drivers who are participants in the same accident, and with this notification, they record the circumstances and damages specifically to their vehicles for further settlement with the insurance company.
If, during the accident, a third vehicle is damaged that is not one of the two participant vehicles, the conditions for using the European Accident Statement are no longer met. An additional participant appears with their own rights and claims, and the joint notification in its standard procedure is intended for situations where there are only two parties and no damage to other vehicles or property.
For example, two cars collide, and from the impact, one of them is thrown into a parked car. In such a situation, not only are the two participant vehicles damaged, but also a third car, which is also an affected party. Completing the documentation only between the two drivers cannot fully record all the consequences of the accident for the third party, so it is necessary to act according to the general procedure and call the police.
Therefore, the correct answer is "No," since the European Accident Statement is applied only when two vehicles are involved in the accident and no damage is caused to third vehicles.