Obligations of the driver in the event of a traffic accident
After an accident has occurred, the driver must stop as soon as possible without creating any additional risk and switch on the hazard warning signal. It is then necessary to assess the risks that the vehicles involved in the accident may pose to other road users. Proceed according to the circumstances, e.g. put on a reflective vest when exiting the car in the dark and set up a warning triangle, if necessary.
If safety at the site of the accident has been ensured, you must check if someone has been injured or needs help. In the event of injuries, immediately notify the emergency centre of the incident and proceed in accordance with the instructions given. If you know how to provide first aid, do that until help arrives.
The driver is forbidden from consuming alcohol, narcotic drugs or psychotropic substances before the circumstances are established at the site of the accident, except for substances prescribed by a doctor by way of emergency care.
Filling in the accident report form at the site of the event
The incident must be reported from the site of the event to the police if:
- someone was injured or killed in the traffic accident;
- the accident report form cannot be filled in at the site of the event, for example when one party refuses to fill in an accident report form;
- the person who sustained damage (e.g. the owner of a parked car, fence, road sign, or a street light) is not present at the site of the event.
When a traffic accident is reported to the police, it is necessary to act in accordance with the instructions given.
If the people involved in a traffic accident register the accident themselves, they can use the Estonian Motor Insurance Bureau’s web application on their smartphone by visiting avarii.lkf.ee/en. Please enter information about the vehicles involved in the accident and the circumstances of the accident, add photos of the vehicles and the site of the accident and once the data provided are confirmed, the traffic accident notice will be sent to the insurance undertaking of your choice for review.
You can also use a form to register the traffic accident notice.
If you cannot use the web app and do not have a form readily at hand, please record the incident in a way that is clear to understand:
- when and where the accident occurred;
- which persons and which vehicles were involved in the accident;
- what happened, including the layout of the accident;
- who caused the accident.
When filling in the accident report, keep in mind that:
- the more precisely you draw up the documents at the site of the event, the easier further processing will be – in some cases, you cannot obtain any compensation if the documents have been prepared incorrectly or if there are serious shortcomings;
- while the parties involved in the traffic accident are drawing up the documents, the vehicles must be positioned the way they were left after the accident;
- the correctness of personal data and vehicle information must be checked against formal documents before recording;
- the other party’s statement must be checked and any errors corrected;
- it is a good idea to take photos or videos at the site of the event.
Notifying the direct writer
Once the accident report on the insured event has been drawn up and the damaged vehicle has been taken to a place where it can be kept safe, the direct writer should be called to seek further instructions.
- The injured party can usually choose between submitting a statement of damages and a claim to the direct writer of the person who caused the damage or to their own direct writer, i.e. the direct writer of the injured party.
- The person who caused the damage must notify their own insurance company of the insured event.
The Motor Insurance Act does not provide for a financial penalty if a traffic accident is not formally reported. If, as a result of inaction by the parties involved in the accident, it is not possible to identify the circumstances of the motor insurance case and the person who caused the damage, the direct writer does not have an obligation to pay compensation.
If the contract does not provide for a higher amount of insurance, the sum insured per insured event shall be EUR 1.2 million in the case of destruction or damage and EUR 5.6 million in the case of death, damage to health or bodily injury, regardless of the number of injured parties.
If the insured event is caused by an uninsured vehicle, the damage shall be compensated by the insurance fund, i.e. the Estonian Motor Insurance Bureau. To be reimbursed for the damage, a claim and documents verifying the amount of the damage shall be submitted to the Estonian Motor Insurance Bureau.
If a foreign vehicle has been involved in an accident, the damage must be reported to the foreign direct writer’s correspondent in Estonia. If the foreign direct writer does not have a correspondent in Estonia, the damage must be reported to the Estonian Motor Insurance Bureau. Further action should be based on the instructions of the correspondent or the Estonian Motor Insurance Bureau.
The insured party is compensated for by the foreign direct writer’s correspondent or the Estonian Motor Insurance Bureau. The Estonian Motor Insurance Bureau reimburses the damage if the foreign direct writer has not designated a correspondent in Estonia or the vehicle which caused the damage was not insured.
Where to get assistance
As in other areas, disputes arise in insurance. In most cases, the parties to the insurance relationship settle disputes by way of negotiations. If negotiations fail, they can request the dispute to be resolved by the conciliation body of motor insurance under the Estonian Motor Insurance Bureau.
- The settlement of insurance disputes between a direct writer and a customer is free of charge for the customer.
- The conciliator endeavours to reconcile the parties to the dispute. Successful conciliation leads to an agreement whereby both parties agree to the outcome and bring the dispute to an end. The agreement is mandatory.
- If the parties do not agree with the proposed conciliation, they do not have to approve it and have the right to apply to the courts.
- The motor insurance conciliation body is an out-of-court dispute resolution body recognised by the state.
The Estonian Motor Insurance Bureau is a motor insurance guarantee fund, the Estonian Green Card bureau, the keeper of the motor insurance register, and the compulsory insurer of uninsured vehicles. The Bureau shall compensate for damage caused by unregistered and unidentified vehicles, and vehicles with mandatory insurance. The Bureau also mediates the settlement of motor insurance disputes via the motor insurance conciliation body.
Contacts of the Estonian Motor Insurance Bureau:
- Mustamäe tee 46 (Section A), 10621, Tallinn
- Phone 667 1800 (Mon.–Thu. 9.00–16.30, Fri. 9.00–15.00)
- e-mail [email protected], [email protected]
Forms
References
Services
- Different queries from the motor insurance register
- E-service of the Estonian Transport Administration
- Searching for a vehicle without insurance contract
- Traffic insurance history
- Vehicle history check