Statement of claim for compensation for damage caused by an accident (Sample). Statement of claim for recovery of damage caused as a result of an accident (in the absence of an insurance policy from the guilty party)

The victim in an accident suffered damage to property. The plaintiff, as a justification for the amount of damage caused, presents a calculation, according to which the cost of repairing a vehicle damaged in an accident is determined, including the cost of parts and materials to be replaced, the cost of work. The calculation determined the percentage of loss of the presentation of the car (loss of market value).

Requirements are made to recover from the owner of the car (the culprit of the accident) Money, constituting compensation for damage caused in an accident, as well as legal costs.

Recall that claims for compensation for damage caused in an accident are presented to the insurer - insurance company who insured the risk of civil liability of the inflictor of harm under the law on MTPL or to the insurer who insured the civil liability of the victim (direct compensation for losses - Art. 14.1. of the law on MTPL).

However, in the event that, in violation of the requirements of the law on compulsory motor third party liability insurance, the inflictor of damage in an accident did not insure his liability (there is no compulsory motor third party liability insurance policy), or the amount of damage exceeds the limit of insurance payment established by article 7 of the law on compulsory motor third party liability insurance, then claims for damages must be presented to to the direct inflictor of harm.

To the Ustyansky District Court of the Arkhangelsk Region

SOURCE: ... (name, place of residence)

RESPONDER: ... (name, place of residence or company name,
organization, location, if the owner
vehicle - legal entity)

THIRD PERSON:…. (Name, address / place of residence.) (E.g. driver,
vehicle owner
which is a legal entity)

The cost of the claim is…. rubles

STATEMENT OF CLAIM
on compensation for damage caused by an accident

"__" _____ ___ on…. (indicate the place of the accident) there was a road accident…. (indicate the circumstances of the incident).

As a result, the car…. (indicate the make of the car, year of manufacture and its license plate), which belongs to me on the right of personal property, technical damage was caused. The accident happened due to the fault of the driver…. (Full name), driving a car…. (indicate the make of the car and its license plate) belonging to the defendant. This is evidenced by the materials of the inspection carried out by the State Traffic Safety Inspectorate ...

According to the calculation, the cost of repairing my car is:

1. cost of work… rubles;
2. the cost of replacement parts and materials used… rubles, including wear -… rubles;
3. … rubles were paid for the services on calculation.

TOTAL:…. rubles.

In addition, according to the expert's conclusion, my car has lost its presentation by ...%, which is ... rubles of its cost.

Paid for drawing up an opinion on the loss of presentation was…. rubles. The total amount of material damage caused is ... rubles.

Claims for collecting insurance payments from the insurer:

• and compensation for damage as a result of an accident (The victim exercised the right to direct compensation for losses by the insurer who insured his civil liability under OSAGO. However, the insurer made an insurance payment that did not cover the cost of car repairs)
• A statement of claim for the recovery of insurance payments, compensation for damage from an accident (the insurance company of the culprit of the accident paid insurance indemnity under the MTPL to the victim. However, the insurance payment does not cover the costs of the victim for repairing the car. The driver - the culprit of the accident was involved as the second defendant in the case).
• Statement of claim for the recovery of insurance compensation under OSAGO with RSA (the license of the insurance company responsible for the accident was revoked - the defendants in the case are the Russian Union of Auto Insurers (RSA) and the driver of the car who is the culprit of the accident)

and other claims in the section

Each owner of a vehicle is obliged to fully compensate the injured party for damage to property and health resulting from a road accident.

The CTP insurance policy is called upon to help the perpetrators of road accidents in compensation for damage, but in practice situations often arise when it is not possible. In this case, it remains only to file a statement of claim against the offender himself and the perpetrator of the accident.

In what cases does it make sense to file a statement of claim against the perpetrator of a road accident? How to file a claim correctly and to which court to send it? What documents must be attached to the claim? You will find answers to these and some other questions in our article.

Does it make sense to file a claim?

In most cases, the costs of restoring a car or treatment after an accident to the injured party are paid by the insurance company. In the future, she can collect her expenses from the culprit of the traffic accident through the court.

Sometimes the injured party has the right to send a lawsuit to recover material or moral damage on its own. When is it possible?

• The insurance company paid the victim insurance, but it not enough for complete renovation car... In some situations, even the maximum limited insurance payment is not enough for repairs;
• Both drivers, the victim and the perpetrator of the accident,. If at least one of the parties has a policy, then payment issues are resolved through the insurance company;
• The culprit of the accident is not the driver, but another person, for example a pedestrian;
• The victim wishes recover moral damage from the perpetrator of the accident.

If a claim is drawn up to recover moral damage, then usually we are talking about an accident in which people were severely injured or even killed. The application in this case will be satisfied only when the defendant's guilt is fully proven and beyond doubt.

If, by a court decision, the cause of the accident is recognized external factors(for example, unfavorable weather), then compensation for moral damage will not be made.

When a pedestrian is the culprit of the accident, payments from the insurance company should not be expected (since pedestrians do well without OSAGO insurance). In this situation, the only way to get compensation will be filing an application with a magistrate or district court where you will have to prove the guilt of a pedestrian using written evidence, recordings from street cameras, photographs or testimony.

Submission of a pre-trial claim

Before filing a statement of claim, you should try to settle the case amicably, through the preparation of a claim to the perpetrator of the traffic accident for compensation for damage. To do this, even at the scene of the accident, the injured party should write down the personal data of the perpetrator of the accident(Full name, registration address, contact details), so that a number of documents can then be sent to his name.

The pre-trial claim indicates a reasonable amount for damages and the requirement for its repayment in deadlines... The total amount of losses incurred consists of the actual damage to the car specified in the independent examination report, as well as the costs of the victim for the services of lawyers, for the transportation and storage of the car (associated costs). Non-pecuniary damage may also be included in the amount of damage.

Together with the claim, the person responsible for the accident is sent an act of independent assessment of damage and copies of documents confirming all the costs incurred by the victim. It is in the interests of the perpetrator of the accident to resolve the case amicably, because during the consideration of the case in court, he will incur a number of additional costs (legal costs). Without attempts to pre-trial damages, the judicial authority may simply not accept the statement of claim.

What should the statement of claim contain?

Correct drafting of a claim is the key to a successful dispute resolution ... It makes sense to entrust its writing to a competent lawyer, and ask the defendant to charge the costs of such services in the claim. You can download several samples of such claims from the link at the end of our article.

What does the statement of claim necessarily contain?

• Full name of the court to which the claim is sent;
• Surnames, names, patronymics of the participants in the accident, their registration addresses and other details (also details and personal data of lawyers and other representatives);
• A detailed list of claims (including the calculation of the amount of compensation in numbers and words);
• Description of the circumstances of the accident and the damage caused;
• List of documents attached to the claim.

The claim must be drafted in a standard way, using stable legal turns. Its correctness must be checked by the assistant referee before being submitted to the court.

List of documents attached to the claim

You can find out what documents are needed to transfer along with the claim from the insurer, court employee or lawyer.

Mandatory documents required for any case include:

• victim's passport and statement;
• a copy of the protocol of the inspection of the place of the traffic accident and the protocol of the investigation;
• any materials about the accident, collected at the scene of the accident (certificates from);
• witness's testimonies;
• documents from insurance companies (motor third party liability agreements between the plaintiff and the defendant);
• a document evidencing an attempt at a peaceful settlement of the dispute (pre-trial claim with a mark of delivery);
• an act of independent examination of damage (in the absence of severe damage to the car and injured people, this document is the main basis for determining the amount of monetary punishment for the perpetrator of the accident);
• the conclusion of the forensic medical examination (if there are injured people).

The process of filing documents can be simplified as much as possible if the plaintiff hires a lawyer. Then he will only be required to provide personal documents, and a lawyer, as well as traffic police inspectors, court officers and an insurance company, will be involved in the preparation of other papers.

What to do after filing a claim?

After drawing up the statement of claim and collecting required documents an appeal to a magistrate or a district court follows. The justice of the peace hears cases with the amount of the claim less than 50 thousand rubles, the district one - more than 50 thousand. A claim should be filed at the address of residence of the perpetrator of the accident. Before filing a claim, you must pay a state fee, the amount of which depends on the amount of the claim, and attach a receipt for its payment to other documents. The term for consideration of the statement of claim in the district court is 2 months, in the world court - 1 month.

Conducting an independent examination

Only state appraisers or private firms that specialize in this have the right to assess the damage to a car after an accident. You can also assign the assessment to specialized service centres or a research institute that is engaged in similar activities.

Before carrying out the examination, it is necessary to warn the perpetrator of the accident and the insurance company about the place and date of its carrying out, 3-6 working days (in person, on receipt or in a letter with acknowledgment of receipt).

For the examination of the damage assessment, you will need some documents:

• civil passport (for drawing up an assessment contract);
• technical passport of the car and certificate of its registration with the traffic police;
• service book (if the car is under warranty);
• acts of previous examinations with the calculations made (if any);
• a traffic police certificate of a road accident indicating the damage to the car.

After an independent assessment, the victim receives a damage assessment report (signed by both the customer of services and the perpetrator of the accident) with a photo of the damaged car on the day of the inspection. An expert opinion on the amount of damage calculated according to special technique... All documents are filed in a common folder and certified with a seal.

Samples of claims

As a result

In order for the trial to be successful, it is necessary to behave correctly even at the stage of drawing up an accident report. The traffic police inspector should be asked to indicate in the protocol the features of the accident site in as much detail as possible, including the location of vehicles, the presence of road markings, road signs and traffic lights, weather conditions and lighting levels, road conditions and data on braking traces. It is not out of place to make an independent inspection of the car responsible for the accident, this will help to more convincingly prove the guilt of the defendant in court.

Thanks to the recommendations of the lawyers presented in this article, you will be able to independently prepare a claim for compensation for damage after an accident from the culprit or the insurance company. We also offer you free download of samples of claims in different versions.

Going to court with a statement of claim is the final stage of the process of claiming funds from the insurance company and the culprit for the victim. However, it should be noted that this is exactly the most important stage compensation for material damage, therefore, it should be treated with special attention... Any statement of claim to the court must be drawn up in strict accordance with the current legislation, violation of the requirements of the law may lead to a refusal to accept the statement by the court or to leave it without movement. A claim for compensation for damage in case of an accident is no exception, it is necessary to comply with all the rules for its registration, as well as the jurisdiction of the case.

When and where to file a claim in court

The defendant has the right to claim compensation for damage in case of an accident in court:

• from an insurance company - when the company refused to pay or the insurance payment made by the company under OSAGO is significantly lower than the amount of damage calculated by an independent organization;
• - when the accident is not an insured event or the amount of the insurance payment does not cover the costs of compensation for damage to the restoration of the vehicle or harm to the life and health of the victim. Also, compensation for moral damage is subject to recovery from the culprit in the event of harm to the life and health of the victim.

Statement of claim for compensation for damage after an accident, it is submitted to the magistrate or district court at the location of the defendant. The justice of the peace considers cases where the amount of the claim does not exceed 50,000 rubles. In other cases, the claim should be sent to the district courts.

Registration of a statement of claim for compensation for damage from an accident from the culprit

You need to know that a lawsuit in court for an accident is written in free form, but at the same time its registration must be carried out in compliance with all the norms established by the current legislation - Article 131 of the Civil Procedure Code of the Russian Federation "Form and content of the statement of claim." In addition to the fact that the application must indicate the basic facts of the accident, the plaintiff and the defendant, the document must be supplemented with the necessary annexes, drawn up in compliance with the deadlines and addressed to a specific judicial authority. When preparing a statement of claim, it is necessary to describe the accident in as much detail as possible, which will strengthen the position of the plaintiff in the trial. When describing the situation in the statement of claim, you should avoid excessive emotionality, begin the description of each event with a new paragraph, observe the consistency and consistency of the text. State the essence of the case competently and completely enough so that after reading the court there is a clear picture of the incident. In accordance with the current legislation, it is necessary to indicate in the statement of claim:

1. Name of the judicial authority;
2. Data of the plaintiff (or his representative, if it is a company): name, address;
3. Respondent's data: name, address;
4. Description of the circumstances and evidence;
5. Specification of claims against the defendant;
6. The amount of the claim and the calculation of this amount (including the size of all payments, if any);
7. Information confirming the fact of compliance with the pre-trial settlement of the case;
8. List of attached documents, which are evidence in the case;
9. The date and signature of the plaintiff, which must be done by him or by his representative, if there is sufficient authority for this;
10. Other data that may be indicated in the application: phone, e-mail, etc.

A statement of claim for material damage in an accident by the culprit can be drawn up:

• with the calculation of the cost of repairing a vehicle and the loss of commodity value - TCB

• with the calculation of the cost of repairing a vehicle and compensation for moral damage

A claim for compensation for damage in case of an accident to an insurance company

As already mentioned above, it is possible to make a legal claim through the court when the amount of insurance payment is significantly lower than the amount of damage, according to the data of an independent examination. Let's remind that earlier the limit of insurance payments for OSAGO was 120,000 rubles. in case of damage vehicle and 160,000 rubles. when causing harm to human life and health. Currently, the maximum amount of insurance payments is 400,000 and 500,000, respectively. When filing a claim in court to recover funds from the insurance company, it is not required detailed descriptions road accident, it is enough to indicate the "dry" facts - the date and number of the contract with the insurance company about compulsory insurance civil liability, the date and place of the accident, the brand and number of the car of the victim and the guilty person, their full name, the amount of money: payments and the amount required by the plaintiff. Copies of the required documents must be attached to the application.

Often, the writing of a statement of claim is required for participants in an accident who are insured under CASCO insurance. Such a statement is somewhat different from a claim for compensation for damage to an accident under OSAGO, namely: when drawing up, it is necessary to refer to other norms of the law. The claim contains claims to collect the amount of the insurance payment in full in accordance with the content of the insurance contract concluded with the insurer by the plaintiff.

What else do you need to know

1. When filing a statement of claim to the court, payment of a state fee is required, while the collection of moral damage is not subject to state duty. The amount of the state fee should be included in the final price of the claim.
2. All additional costs incurred by the victim as a result of an accident can be recovered from the perpetrator of the accident, including payment for the services of an appraisal company, a lawyer, a tow truck and more.
3. The limitation period for filing a claim for compensation for damage in case of an accident is 3 years, that is, you can reimburse the money spent on repairing and restoring the car at any time before the expiration of this period.

Evgeniy

Hello! The culprit of the accident is the driver of the Avtodor truck during the performance of the service. responsibilities. My car cannot be restored, I made an insurance payment. There are victims - a sister and a fellow traveler. I am an IP, business in another locality; my wife worked with me; I need a car for work, the accident was in March 18, the payment was made at the end of August 18. As a result, the family business disappeared, was left without a financial source, has a child, accumulated debts to suppliers, taxes, delayed loans taken for business development.

Sergey (senior associate)

Hello Evgeny! You can establish through an examination the amount of property damage caused to the car and collect the difference between the actual damage and the insurance payment from the car owner. But the rest of the property losses, which are not directly related to damage to the vehicle, cannot be collected from the owner of the truck, since there are no legal grounds for this. If, however, the women in your car were injured, you can recover the costs of treatment.

Sophia

Hello. The accident happened in a narrow yard when leaving the parking space. Mom hit the car, which, by the way, was standing near the playground, where there are no parking spaces. The car was naturally without passengers. As a result, the victim turned to the insurance company (we have Osago), and she was paid 39 thousand. At the service station, the young lady was counted 59, so she submitted for examination, where the amount has already become 73 thousand. Now she wants to sue us, but not against the insurance company because of the understated payment, but against us to pay extra. Can she sue the culprit if the amount does not exceed the OSAGO limit? And I was also embarrassed by the moment that she did not apply directly to our insurance company, but to her own, which, according to her, took the compensation from our insurance company and paid the victim.

Sergey (senior associate)

Hello Sophia! According to the law, the injured party as a result of an accident has the right to recover the difference between the insurance payment and the actual damage caused from the perpetrator of the accident. Such a difference may arise due to the fact that the wear of parts is taken into account in the payment of OSAGO, and new parts are installed during repairs.

Rustem

Hello, 07/29/2018 at 880 km. highway Chelyabinsk - Novosibirsk (60 km. from Omsk), while going to the place of vacation there was an accident of a CHEVROLET CRUZ car under my control and the culprit, who, not observing the speed limit, made a collision with my car, which was in this moment without movement due to ongoing renovation works on the road. At the time of the accident, the culprit was not issued OSAGO, as a result of which all the costs of transportation and repair of the CHEVROLET CRUZE car were paid at my expense. When registering this accident, the culprit voiced a statement about the lack of funds to pay for the costs associated with the upcoming repairs, for which I suggested repayment of at least part of the costs by selling his TOYOTA CAMRI car. The legal form of this proposal was postponed to the next day. 07/30/2018 We agreed to call by phone after 21-00 local time (Omsk), but not at the specified time or in the following days, the culprit did not take the phone, did not answer my SMS with a proposal for a mutually beneficial way out of this situation. My letter with a pre-trial claim sent by registered mail the culprit was not handed over. At the moment, I have to go to court for damages, in accordance with the conclusions of the ANO on the production of assessment, expertise and research, the market value of the refurbishment of the CHEVROLET CRUZ vehicle is 245,100 (two hundred forty-five thousand one hundred). Please tell me which court should I file a claim, the culprit lives in Omsk, I live in Nizhnevartovsk.

Sergey (senior associate)

Hello! In this case, general rule, according to which the claim must be filed with the court at the place of residence of the defendant.

Maria

Good afternoon. An accident happened: I was driving along the main road, another car crashed into my car from the secondary road, the "man" driving the car had no license, no insurance, the car was not his and he was drunk. The traffic police officers were called, they described everything, they gave all the certificates, the culprit was imprisoned. I made an independent examination. What are the next steps? Go straight to the district court with a claim? The "person" does not get in touch, the door does not open, so it will not work amicably.

Sergey (senior associate)

Hello Maria! Yes, go to court. There is no other way out. It is not required by law to pre-file a claim. Therefore, immediately write a statement of claim and send it to court.

Svetlana

Good day! A year ago, an accident occurred, the culprit did not have an OSAGO policy, moreover, he was not yet the owner of the vehicle, the car was registered to the culprit's mother. On the advice of a lawyer, I filed a lawsuit against the culprit of the vehicle driver, and not against the owner. The trials lasted 8 months, I won the trial, handed the writ of execution to the bailiffs, but the culprit, the driver, immediately quit his job and does not work officially. The machine is also in operation, he uses it. What should I do now to receive payments? I want to ask if I can re-file a claim, but this time against the owner of the vehicle, in order to at least in this way achieve payments?

Sergey (senior associate)

Hello Svetlana! Legislation does not prohibit filing a claim on the same grounds, but against another person. But the meaning of such a claim may be absent, since nothing prevents the owner from quickly selling the car and by the time the writ of execution is received, it will turn out that the mother of the person responsible for the accident will also have no property.

Andrey

Good afternoon. An accident occurred with the participation of my car parked in the yard, a scratch and a dent with paint damage was found. Due to a number of circumstances, I could not file a claim in a timely manner and was forced to file a claim against the casco insurance under the "curtain" of the limitation period. did not have time to conduct an independent examination, but asked the court to oblige the insurance company to conduct an examination on its own to collect the amount according to this examination. the court returned me a statement of claim with the possibility of correcting the cost of the claim price, but I still cannot conduct an independent examination within the allotted time and I have no way to pay it . what should be done in this situation? thanks.

Sergey (senior associate)

Hello Andrey! To answer your question, you must see the very decision of the court that returned the claim. At first glance, the way out of the situation seems to be a simple implementation of the court's recommendations.

Andrey

Good afternoon. Sold the car. The next day, this car gets into a double accident while driving with the one who bought it from me. He did not have a CTP policy, the car was still listed on me. The owner of the car into which my sold car drove sued the owner, i.e. me, about compensation for the damage caused. The court ordered me to pay compensation, which I did. There is another participant in the accident who drove into my mashtna. How and against whom to file a claim for damages?

Sergey (senior associate)

Hello Andrey! You can file a claim against the owner and the person directly responsible for the collision with your car. The filing of a claim is carried out in accordance with the rules of the Code of Civil Procedure of the Russian Federation to the court at the place of residence of the defendant.

novel

Good afternoon. A Gazelle flew into my parked car. The traffic police inspectors arrived and issued an accident with an indication of the parts of the car injured in the collision. I do not have a CTP, the culprit has a blessing. But it was not there. We contact the insurance company, wait 10 days and receive a refusal on the basis of, attention, the conclusions of the expert who conducted the traceability study, which indicates the impossibility of obtaining these damages in such an accident. At the same time, neither I nor, as it was later found out, the perpetrator of the accident was not invited to this study. And also the refusal does not indicate where, by whom, when and how this research was allegedly carried out. With a repeated claim to the insurance company, we received the same answer, they say we are not changing our decision. We categorically disagree with such an outrage, when claiming compensation for damage from the culprit, he refers to OSAGO, they say I am insured against an accident, paid for insurance as required by the law. It turns out that at my own expense I will repair a car that was not even driving at the time of the accident. Friends recommend going to court with a claim. This is the first time I got into such a situation, I ask you to suggest how to competently solve this issue and stop this arbitrariness.

Sergey (senior associate)

Hello Roman! In fact, you have one option: to sue the insurance company. Contact experienced appraisers or lawyers who will help evaluate the correctness of the insurance company's expert opinion. Also, take care of the proof of the good technical condition of your car before the accident. All this will need to be presented to the court.

Sergey Gromov

Hello! Tell me please, I got into an accident, another car flew into my car, it was recognized as the culprit, the injured party from the insurers to collect the amount, but not all, the rest wants to collect 400 thousand rubles from me through the court. Question: whether the courts agree with the amount demanded by the victims and the second question: what does the living wage, rented apartment take into account?

Sergey (senior associate)

Hello Sergey! The court will agree with the claims of the plaintiffs if they can prove the validity of their claims. Therefore, if the plaintiffs manage to prove their case in full, the court will award the entire amount that the plaintiffs demand. But at the request of the defendant, the court may decide to grant an installment plan or a deferral in the payment of the awarded amount on the basis of data on the financial situation of the defendant. This is where the information you have given about the amount of income and the lack of housing may come in handy.

Irina

Hello! My husband's car was stolen, when it was stolen, my husband touched it to the salon, and the hijacker lost control and made an accident. The husband was taken to the hospital, when he left the hospital, the wrecked car was no longer there, Where he was left, perhaps, he was scrapped The culprit was sentenced to a year and eight months of strict regime, how can we compensate material damage? After all, the car is no longer there and where it is not known

Very often, a claim for compensation for damage in an accident is the subject of legal proceedings. Such claims have become classic and fairly common in judicial practice.

The adoption of the Law on Compulsory Motor Third Party Liability Insurance made the filing of such claims a little more difficult. Now, on the side, 2 persons can participate in them: the insurance company and the culprit of the accident. If the person, through whose fault the accident occurred, does not have a valid OSAGO policy, he will compensate for the damage caused independently and in full.

An example of a claim for compensation for damage in an accident

To Tyndinsky District Court

Amur region

Tynda, st. October, 32, apt. 7

Defendant: LLC VashaStrakhovka,

address: 675000, Blagoveshchensk,

st. Vostochnaya, 32,

branch in Tynda

Defendant: Golov Konstantin Matveyevich,

address: 676080, Amur region, Tyndinsky district,

Tynda, st. G. Titova, 32, apt. 81

On October 18, 2019, on the section of the Tynda - Blagoveshchensk highway near the village of Magdagachi (213 km), the driver Konstantin Matveyevich Golov, driving a MAN TGA 18.430 4x2BLS car, state registration plate AA143K 84 RUS (2005 onwards) in 0 hours 15 minutes. made a collision with a car NISSAN UD3452D (2010 onwards), state. reg. sign OS412V 14 RUS, owned by me on the right of ownership and under my control.

The definition of the traffic police inspector of the Ministry of Internal Affairs of Russia "Magdagagachinsky" dated 10/18/2020 established that the defendant is the culprit of the accident. The fault of the Claimant (the second participant in the accident) is absent. As a result of the accident, my property was damaged: the cab, bumper, right front fender, right door, front axle body, car roof.

Under the insurance contract, the plaintiff and IC VashaStrakhovka entered into a written agreement on the choice of insurance compensation in the form of issuing the amount of the insurance payment. On October 23, 2020, I applied to the VashaStrakhovka insurance company, which is an insurer under the OSAGO agreement. The insurance organization paid the insurance amount in the amount of 296,000 rubles. However, I disagree. An independent examination carried out on my order determined the amount of the damage caused at the rate of 462,000 rubles. taking into account the works.

On October 29, 2020, VashaStrakhovka LLC was sent to revise the amount of the insured amount, for which on November 4, 2020, a response was received to refuse to increase it.

Since, according to the results of an independent examination, the amount of damage caused exceeds the established by Art. 7 of the Law on Compulsory Motor Third Party Liability Insurance, the amount that the insurance company must pay me, the difference must be in accordance with Art. 1072 of the Civil Code of the Russian Federation was reimbursed by the culprit of the accident (62,000 rubles).

Based on the foregoing, guided by Art. 12, 14.1 Federal law from 25.04.2002 N 40-FZ "On compulsory insurance of civil liability of vehicle owners", Art. 1064, 1072, 1079 of the Civil Code of the Russian Federation, Articles 131, 132 of the Civil Procedure Code of the Russian Federation,

1. To collect in my favor from VashaStrakhovka LLC insurance compensation in the amount of 166,000 rubles;
2. To collect in my favor from the Head of Konstantin Matveyevich 62,000 rubles for the damage caused.

Application:

1. Copy of the statement of claim (2 copies)
2. Receipt of payment of state duty
3. Copy of TCP, SR
4. Accident certificate
5. Determination of refusal to initiate an administrative offense
6. Statement from the current account in the bank on the transfer of the sum insured
7. A copy of the claim and the answer to it
8. Damage assessment (issued by an authorized organization)

S.V. Lopatin 20.01.2021

We draw up a claim for compensation for damage in an accident

To prepare a claim, you will need a certificate of an accident, which lists the damage caused to the car, an OSAGO policy, a copy of the order on bringing to administrative responsibility or on refusal to initiate an administrative case (which confirm the degree of guilt of the participants in the accident), documents for the car (PTS, SR).

From 01.10.2014, the damage subject to compensation from the insurance organization may amount to a maximum of 400,000 rubles. And the limit on compensation for harm to life and health is 500,000 rubles. If the damage to the car is less than the amount, only the insurance company will be the defendant. The culprit of the road accident can be involved in quality (to testify in court, etc.).

Usually, insurance companies make their own assessment of damage, which may not correspond to the actual size. With this in mind, it is necessary to send to the insurance company written claim which must be reviewed within 5 days. DIRECTION OF A CLAIM in case of disagreement with the assessment of damage, refusal to pay the sum insured, etc. NECESSARILY.

So, the following information is reflected in the statement of claim:

• about the accident (time, place, circumstances, participants and their fault);
• the amount of damage (determined by the insurer and an independent expert);
• the fact of sending a claim and refusal to satisfy the claims of the plaintiff on a voluntary basis;
• calculation of the order of compensation for damage by each of the defendants.

Submission of a statement of claim to the court

A statement of claim with copies of all materials according to the number of persons involved in the case is submitted to the district court. Moreover, if the driver used the insured car only for personal, family and other unrelated entrepreneurial activity purposes, the consumer protection law applies. That is, the plaintiff can file a claim at his place of residence, and not only the location of the defendant or the execution of the OSAGO contract.

The proliferation of relations for the protection of consumer rights for OSAGO insurance gives several bonuses. First, what was said above. Secondly, it is the right to collect. Thirdly, the penalty for refusing to voluntarily satisfy the claims of the plaintiff. Fourth, there is no need to pay.

During the consideration of the case, you can apply for compensation for everyone (including for the services of a representative, payment for an independent examination) from the defendant, as well as claim compensation for moral damage.

A claim for compensation for damage in an accident can be filed within 3 years from the date of the accident and damage.

If you need to go to court to get the required amount to compensate for damage after an accident, you should study the rules for writing a statement of claim.

Let's consider what you should pay attention to when drawing up such a document and what to reflect in it.

In case of getting into a road traffic accident, the insured driver has the right to count on compensation for the insured event from the insurance company in the amount of up to 120 thousand for compulsory motor third party liability insurance and up to 160 thousand in case of damage to the vehicle.

If, however, you think the payment is not fair, you can file a claim for damages in the event of an accident.

But is it so easy to prepare a claim? Let's turn to the letter of the law and find out.

How to write

Let's figure out what needs to be done in order to receive the due compensation in the event of an accident from the insurance company with which one of the participants in the accident has drawn up a contract.

But first, we will indicate from whom and what can be collected:

1. From an insurance company- the amount of compensation when the firm refuses to pay funds or transfers an amount that is much less than that calculated by independent appraisers.
2. From the guilty person- the amount of compensation, if there is a non-insured event, or the amount of compensation from the insurance company cannot cover the costs of restoring the vehicle or treating the victims. A claim for compensation for moral damage after an accident can also be filed.

To the insurance company

After a motorist has an accident, he has 15 days to notify the insurance company about such an accident and submit the requested documentation.

The UK often conducts its own review of the machine, although you have the right to contact independent appraisers. Then the insurance company needs to be notified of the place and time of the inspection by such specialists.

For this, a written statement is submitted. In cases where the amount of damage exceeds the limit of 120 thousand, notify and.

Let's figure out what is worth submitting to the insurance company:

1. A certificate of the accident, where all damage is recorded.
2. An administrative plan violation order may be required.
3. Documents that will confirm the owner's rights to the vehicle.
4. MTPL insurance.
5. Bank card details (where the compensation will be transferred).
6. A document that reflects the expert's decision on the amount of damage.
7. A certificate confirming the payment for the services of independent specialists.

Participant in the accident who claims to receive compensation payments must write a statement. You can focus on the following sample.

But this is only a rough form. Legislation Russian Federation no regulated application form has been established. Each insurance company develops its own pattern.

The application can be submitted in the following ways:

• personally by the applicant (at the office of the organization);
• by registered mail with a list of attached documents;
• by email.

Here's an example of how you can write a statement:

A statement of claim for an accident in court

Insurance companies are not always ready to pay you when an insured event occurs. Often, such disputes are resolved in court.

You can file a claim against such a company in the courts of general jurisdiction (district courts) at the location of the insurance company or at the place of residence of the claimants.

Submission of a claim to the court is the final stage in compensation for damage after an accident, which is also the most important. So, you should figure out how to proceed.

The claim must be drawn up in accordance with the norms of the law, in violation of which the judge will simply refuse to accept the application, or leave it without movement ().

Therefore, we will consider what rules should be followed when writing a lawsuit in court.

The statement of claim should reflect:

• under what circumstances the traffic accident occurred;
• links to regulations Of the Russian Federation, which are relevant to the case, reports received after conducting independent examinations;
• information that the amount of insurance compensation is not sufficient to cover the costs of restoring the car after the accident, in accordance with the data of experts' reports;
• a request to recover from the insurance organization the difference, which is not enough, but within the limits of the amounts established by law.

A separate clause in the application must indicate the requirement to recover the amount:

1. Needed for. Photocopies of contracts, acts of service provision, payment documents must be attached.
2. Interest on late payments.
3. For payment, which will represent the interests of the plaintiff in court. Attached is a photocopy of contracts for the provision of legal services, payment documents, receipts that the remuneration has been received.
4. For other legal costs (letters, telegrams).

All the necessary certificates should be attached to the claim, which will confirm your case:

• documentation received from the traffic police inspector;
• independent expert report;
• a document stating that a criminal case has not been initiated;
• act from the UK;
• an act stating that the vehicle was inspected by a specialist;
• opinion of the person (who is a partner of the insurance company) who carried out the assessment of the damage to the car.

If you do not have any document, make a written request to the insurance company. If you are denied the submission of the requested certificate, submit requests to the court, where there is a note that they were accepted by the insurer.

What should not be written in the statement of claim? Do not give all the details of the accident. Reflect only dry facts:

• date, number of the contract with SK for OSAGO;
• place and time of the incident;
• data of the car (of all participants), their owners;
• the amount of payments (which you require).

You should not express your emotions in a lawsuit. All information should be presented in a neutral manner. Be consistent in reflecting the facts.

An application for CASCO differs from a claim for OSAGO - various references to legislation will be reflected in the appeal.

To file a claim, you will need to pay a state fee in the amount established by the state. All other expenses can be collected from the person responsible for the traffic accident.

The limitation period is 3 years. The court will consider the statement of claim within 5 days from the moment it is accepted into proceedings, unless other rules are prescribed in the legislation.

Training for an uninsured participant in an accident

If an uninsured driver is the culprit in a traffic accident, the only way to get the amount necessary to restore the car is to go to court.

You will need to prepare a request as to whether the culprit is solvent. Individuals cannot receive such information. Only a bailiff, judges and lawyers have such rights. This means that you have to enlist the support of a lawyer.

You will also need an opinion issued by an independent expert, which will indicate the amount of damage to the vehicle or human health.

Objection to the statement of claim

If you do not agree with the claims of the plaintiff, you can file an objection to the claim. But before that, you should carefully read all the nuances. Objection is a chance to defend your innocence.

Let's take an example. The participant in the accident files a claim for compensation for the amount of damage. The defendant's guilt has been proven. But the defendant is not aware of the plaintiff's appeal to the insurance company, does not know how the damage assessment was carried out. The damage was assessed by the insurance company independently. When a conflict arose between Ist and the UK, the first did not rush to contact the defendant.

The guilty person against whom the claim was filed, after reviewing the case materials, found out that the requested amount was overstated.

Samples

Here are some examples.

If you file a claim for compensation for damage caused by an accident,
without mistakes, then you will have a better chance of receiving compensation, which the insurance company does not want to pay so much.

Stick to the established rules. And be careful on the roads, then such problems will not arise.

Video: Traffic accident damage in COURT, a sample of a claim