Standard form of claim for underpayment of insurance compensation under compulsory motor liability insurance

Publication date: 03/04/2019 Number of views: 5704

Author: Ermakov Andrey Valerievich Lawyer, partner of the Legal Agency of St. Petersburg Articles written: 20

The situation when an insurance company files a lawsuit against the culprit of an accident in order to recover material damage based on the compensation paid to the injured party is becoming more and more common every year. If previously relatively little-known organizations that had close ties with collection agencies committed similar sins, today you can get a claim for subrogation or recourse from almost any insurance company. Recently, there has been increased activity on the part of the insurance company, which is trying to compensate for its losses under CASCO or OSAGO contracts by filing lawsuits against those responsible for the accident. There is a trend: if the accident occurred in 2015 or 2021 (the statute of limitations is about to expire), and the amount of paid material damage exceeds 100-120 thousand rubles, you can expect a quick summons from the court. There are many explanations for this: the unstable economic situation in the country, a sharply increased number of vehicles, competition in the market, tightening legislation in the field of insurance companies. In order to somehow preserve their assets and not become bankrupt, they are forced to resort to subrogation and recourse claims. What to do if the insurance company sues the person responsible for the accident, what is the difference between recourse and subrogation, is it possible to reduce the amount of payments for a lawsuit and how to protect your property rights? Answers to these and related questions are provided by professional lawyers in the field of insurance law and civil law.

Briefly about OSAGO

OSAGO is a policy purchased by a motorist in order to ensure the preservation of his property rights and interests. Purchasing insurance helps protect the driver from losses associated with compensation for damage caused to vehicles or the health of others as a result of an accident.

Attention! Taking out an MTPL policy is the responsibility of every driver and this is enshrined in Federal Law No. 40-FZ. If a motorist does not have insurance, he will be subject to a fine of 800 rubles.

Moreover, if the driver has not taken out a policy, this is not an obstacle to filing a claim in court if a dispute arises with the insurance company of the person responsible for the accident due to non-payment of money for the damage caused. You can purchase a car insurance policy in one of two ways:

1. Through personal contact with the insurance company.
2. Through the website of the relevant company.

The insurance company has no right to refuse to issue a policy. If a car owner is faced with a similar situation, he does not need to go to court with the insurance company. It is enough to file a complaint with the prosecutor's office, the RSA or the Central Bank.

To obtain insurance, the driver must present a passport, license, vehicle registration certificate and vehicle registration certificate. The insurance company calculates the amount of the policy independently, based on the parameters of the car, the presence of fines from the owner and legal norms.

Advice! The most popular companies issuing compulsory motor liability insurance are RESO, Rosgosstrakh and Ingostrakh.

Documents found on the topic “Claims for compensation of insurance payments from compulsory motor vehicle insurance”

1. Statement of claim for compensation for damage to property as a result of an accident ( the insurance company refuses to pay insurance under MTPL ) Agreement on the assignment of the right of claim → Statement of claim for compensation for damage to property as a result of an accident (the insurance company refuses to pay insurance for MTPL)
2. Standard form statement of claim for violation of the deadline for payment of insurance compensation under OSAGO
   Statements of claim, complaints, petitions, claims → Standard form of statement of claim for violation of the deadline for payment of insurance compensation under OSAGO
3. Standard form of pre-trial claim under MTPL for violation of terms of payment of insurance compensation
   Statements of claim, complaints, petitions, claims → Standard form of pre-trial claim under MTPL for violation of terms of payment of insurance compensation
4. Standard form of pre-trial claim for an unreasonably reduced amount of payment of insurance compensation under compulsory motor liability insurance
   Statements of claim, complaints, petitions, claims → Standard form of a pre-trial claim for an unreasonably reduced amount of payment of insurance compensation under compulsory motor liability insurance
5. Standard form claim statements for underpayment insurance compensation By OSAGO
   Statements of claim, complaints, petitions, claims → Standard form of claim for underpayment of insurance compensation under compulsory motor liability insurance

   ... (indicate the full cost of the claim, including the insurance compensation ) rubles state duty: (indicate the amount of state duty) statement of claim (indicate the date of the accident, time of the accident, place of the accident) there was an accident involving cars: list the vehicles...

6. Statement O payment insurance compensation
   Insurance, reinsurance agreement → Application for payment of insurance compensation

   application for payment of insurance compensation in connection with a branded car (accident, theft, fire, etc.) state no. ...

7. Claim statement about recovery from insurer insurance payments and penalties
   Agreement on the assignment of the right of claim → Statement of claim for recovery of insurance payment and penalty from the insurer

   … defendant: LLC insurance company …………………. third party: , resident: cost of claim: statement of for recovery of insurance payment ..20g. on the basis of a power of attorney, he drove the car that belonged to me...

8. Requirement for insurance companies with an unreasonably reduced size payments By OSAGO
   Statements of claim, complaints, petitions, claims → Demand against the insurance company for an unreasonably reduced amount of payment under compulsory motor liability insurance

   ...stv" (date of submission of documents to the insurance company) provided to (name of the insurance company) the necessary package of documents for payment of insurance compensation to me , since I suffered damage as a result of an accident that occurred on (date of the accident) involving a vehicle belonging to me...

9. Standard form statement of claim for violation of terms of payment of insurance compensation under CASCO
   Statements of claim, complaints, petitions, claims → Standard form of statement of claim for violation of terms of payment of insurance compensation under CASCO
10. Claim to insurance companies for unjustified violation of deadlines payments By OSAGO
    Statements of claim, complaints, petitions, claims → Claim against the insurance company for unjustified violation of payment deadlines under compulsory motor liability insurance

    ...stv" (date of submission of documents to the insurance company) provided to (name of the insurance company) the necessary package of documents for payment of insurance compensation to me , since I suffered damage as a result of an accident that occurred on (date of the accident) involving a vehicle belonging to me...

11. Complaint to RSA about violation of the deadline for payment of the remaining insurance premium under MTPL after early termination
    Statements of claim, complaints, petitions, claims → Complaint to RSA about violation of the deadline for payment of the remaining insurance premium under MTPL after early termination
12. Claim statement demanding replacement of goods, payments penalties and compensation moral damage
    Statements of claim, complaints, petitions, claims → Statement of claim demanding replacement of goods, payment of penalties and compensation for moral damage

    to the district court of the city plaintiff: address: tel. defendant: address: claim price: rub. statement of claim On September 17, 2011, I purchased refrigerator “x” at a price of 15,000 rubles. purchase and sale agreement for...

13. Claim statement about improper performance of public services, payment penalties and compensation moral damage
    Statements of claim, complaints, petitions, claims → Statement of claim for improper performance of utility services, payment of penalties and compensation for moral damage

    plaintiff: address: defendant: address: claim price RUB. statement of for improper performance of utility services, payment of penalties and compensation for moral damages with "" ...

14. Standard form claim statements upon refusal payment By OSAGO
    Statements of claim, complaints, petitions, claims → Standard form of statement of claim in case of refusal to pay under compulsory motor liability insurance

    ... (indicate the full cost of the claim, including the insurance compensation ) rubles state duty: (indicate the amount of state duty) statement of claim (indicate the date of the accident, time of the accident, place of the accident) there was an accident involving cars: list the vehicles...

15. Standard form of pre-trial claim for violation of terms of payment of insurance compensation under CASCO
    Statements of claim, complaints, petitions, claims → Standard form of pre-trial claim for violation of terms of payment of insurance compensation under CASCO

Reasons for disputes with insurance companies

According to statistics, the main problems that arise between the insurer and the policyholder are standard. The causes of disputes are divided into three groups:

1. Refusal to cover repair costs and other payments.
2. Reduced compensation amount.
3. Delaying payment deadlines.

Often the question of how to sue an insurance company arises in the following specific situations:

1. The insurer refuses to acknowledge the existence of an event due to which the driver must be paid a set amount (for example, if the damage to the car was not caused by an accident).
2. The car owner does not have a compulsory motor liability insurance policy.
3. The driver violated the procedure for completing procedural papers.
4. There is a dispute about the extent and nature of damage to vehicles or harm to the health of injured citizens.
5. The guilt of one of the motorists has not been proven or it is mutual.
6. There is no information about the second participant in the accident (for example, he left the scene of the collision).
7. The insurance company refuses to pay compensation for other reasons.

It is important to know! Disputes often arise due to the fact that drivers draw up a European protocol in case of an accident in the absence of traffic police officers, although this is permitted by legal norms.

In any of these cases, the motorist must follow the procedure for resolving the dispute: first, submitting a claim to the insurer, then filing a claim in court under compulsory motor liability insurance. Nowadays, winning a legal dispute with an insurance company is not so easy. This is due to the fact that due to frequent cases of fraud by car owners when concluding assignment (subrogation) agreements, insurers were given the right to choose - to cover the costs of restoration repairs or to repair the car themselves.

Home \ ALGORITHMS OF ACTION \ Penalty under compulsory motor liability insurance \ Algorithm for going to court with sample documents

Algorithm of actions when going to court to collect a penalty under compulsory motor liability insurance with sample documents.

SAMPLE STATEMENT OF CLAIM WITH INSTRUCTIONS FOR ITS DRAFTING.

DOWNLOAD SAMPLE

IN______________________________________________________

(full name of the court with jurisdiction*)

Plaintiff:__________________________________________________

(full name**)

_________________________________________________________________

(Date and place of birth)

________________________________________________________

(registration address, postal address)

________________________________________________________

(mobile phone number)

Respondent: ______________________________________________

(name of insurance company)

________________________________________________________

(address of the insurance company, address of the branch of the insurance company)

Cost of claim: _________________ rub.***

State duty: not taxed due to clause 4, part 2, article 336.36

Tax Code of the Russian Federation (for a claim price of up to 1 million rubles).

STATEMENT OF CLAIM

"___" ___________ 201_ at___h. ___min. by the address________________________________________________

_______________________ there was an accident involving a car ___________________ (model, make), state number ________________ and a car _____________________ (model, make), state number _________________. The cause of the accident, as established by the resolution in the case of an administrative offense dated “__”_________201_ (or the resolution to terminate the proceedings in the case of an administrative offense), issued _____________________________________________________

___________ (position, full name of the traffic police officer or name of the court that issued the decision) was caused by a violation by the driver __________________ (full name), who was driving the car_____________________ at the time of the accident, of paragraph ______ of the traffic rules (enters the paragraph of the rules specified in the materials of the administrative case). As a result of an accident, my car _________________(make, model) was damaged.

My civil liability is insured under compulsory motor liability insurance _____________________ (name of insurance company) policy No. _______________ dated “__”____________ 201_ (details of the compulsory motor liability insurance policy). The civil liability of Mr. ___________________ (full name of the other participant in the accident) is insured under compulsory motor liability insurance _____________________ (name of insurance company) policy No._________________ (details of the compulsory motor liability insurance policy).

“__”_____________201_ I applied to the insurance company ________________ (name of insurance company) with an application for insurance payment under compulsory motor liability insurance, based on the results of consideration of which “__”_____________201_ I was compensated in the amount of ____________________ rubles.

At the same time, according to report No.______________ dated "__"______________201_, completed at my order and at my expense by specialists of the appraisal company _______________________ (name of the appraisal company), the actual cost of restoration repairs of the car belonging to me is _______________________ (model, make) dated damages received as a result of an accident exceeded the amount of the insurance payment made and amounted to ______________ rubles, taking into account wear and tear.

Thus, the insurance compensation was paid by the Defendant, in violation of clause 18 of Article 12 of the Federal Law “On Compulsory Motor Liability Insurance”, not in full.

The amount of underpayment amounted to _______________ rubles.

"___" ____________201_ I appealed to the Defendant with a claim for additional payment of insurance compensation, compensation for expenses incurred by me in connection with the payment of an independent examination, and payment of a penalty in accordance with paragraph 21 of Article 12 of the Federal Law “On Compulsory Motor Liability Insurance” for violating the terms of payment of insurance compensation.

"___"_____________201_g. The defendant made an additional payment of insurance compensation in the amount of __________ rubles. At the same time, payment of the costs of the examination, as well as penalties, was not made by the Defendant or was made partially (indicate in what amount and the date of payment).

In pursuance of the pre-trial procedure for resolving the dispute, I sent an appeal to the Financial Ombudsman Service demanding payment of a penalty in accordance with clause 21 of Article 12 of the Federal Law “On Compulsory Motor Liability Insurance” for violation of the terms of payment of insurance compensation, as well as compensation for the expenses incurred by me in connection with the payment of an independent examination .

Until now, my legal demands have not been satisfied in any part / or partially satisfied (indicate in what amount and the date of payment).

The amount of the penalty is the amount of __________________ rubles, the calculation of which is included in the appendix to this claim (see below for the procedure for calculating the penalty).

In accordance with Article 931 of the Civil Code of the Russian Federation, under an insurance contract for the risk of liability for obligations arising from causing harm to the life, health or property of other persons, the risk of liability of the insured himself or another person to whom such liability may be assigned can be insured.

In the event that liability for causing harm is insured due to the fact that its insurance is mandatory, as well as in other cases provided for by law or the insurance contract for such liability, the person in whose favor the insurance contract is considered to have been concluded has the right to make a claim directly to the insurer for compensation for damage. within the limits of the insured amount.

According to clause 21 of Article 12 of the Federal Law “On Compulsory Motor Liability Insurance”, the insurer is obliged to make an insurance payment within 20 calendar days, with the exception of non-working holidays, from the date of acceptance for consideration of the victim’s application for insurance payment or direct compensation for losses and the documents attached to it, provided for rules of compulsory insurance.

If the deadlines for payment of insurance compensation are not met, the insurance company pays the victim a penalty in the amount of 1% of the amount of unpaid insurance compensation on time, starting from the 21st day after receiving the victim’s application for insurance payment (clause 24 of the “Review of the practice of courts considering cases related to compulsory insurance civil liability of vehicle owners" approved by the Presidium of the RF Armed Forces on June 22, 2016).

In addition, within the meaning of clause 2. Article 16.1 of the Federal Law “On Compulsory Motor Liability Liability Liability Insurance”, related to non-fulfillment or improper fulfillment by the insurer of obligations under the compulsory insurance contract, the rights and legitimate interests of individuals who are victims or policyholders are subject to protection in accordance with the Law of the Russian Federation of February 7, 1992 N 2300-1 “ On the Protection of Consumer Rights" to the extent not regulated by this Federal Law. Proper fulfillment by the insurer of its obligations under the compulsory insurance contract is the making of an insurance payment or the delivery of a repaired vehicle in the manner and within the time limits established by this Federal Law.

In accordance with Article 15 of the Federal Law “On the Protection of Consumer Rights”, moral damage caused to the consumer as a result of violation by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) of consumer rights provided for by the laws and legal acts of the Russian Federation governing relations in the field protection of consumer rights, is subject to compensation by the causer of harm if he is at fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage. Compensation for moral damage is carried out regardless of compensation for property damage and losses incurred by the consumer.

Based on Article 1101 of the Civil Code of the Russian Federation, compensation for moral damage is carried out in cash.

I estimate the moral damage caused to me at _________________ rubles. (indicate the amount, taking into account that courts rarely collect more than 5-10 thousand rubles).

Within the meaning of paragraph 100 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 N58 “On the application by courts of the legislation on compulsory insurance of civil liability of vehicle owners,” if the victim independently organized an independent examination before going to court, then its cost is included in the legal costs and is subject to compensation according to the rules of Part 1 of Article 98 of the Code of Civil Procedure of the Russian Federation, regardless of the fact of a forensic examination on similar issues.

Expenses for the examination amount to ______________ rubles.

According to Articles 309, 310 of the Civil Code of the Russian Federation, obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with customs or other usually imposed requirements.

Unilateral refusal to fulfill an obligation and unilateral change of its terms are not allowed, except for cases provided for by this Code, other laws or other legal acts.

At the same time, I, guided by Article 167 of the Code of Civil Procedure of the Russian Federation, request that this civil case be considered in my absence by sending a court decision to me.

Based on the above, guided by Articles 309,310,931,1101 of the Civil Code of the Russian Federation, paragraphs 1.8,21, Article 12, paragraph 2, Article 16.1 of the Federal Law “On Compulsory Motor Liability Insurance”, Article 98 of the Civil Procedure Code of the Russian Federation, Article 15 of the Federal Law “On protection of consumer rights"

ASK:

1. To collect from the Defendant in my favor a penalty in accordance with clause 21 of Article 12 of the Federal Law “On Compulsory Motor Liability Insurance” for failure to comply with the deadlines for making an insurance payment in the amount of _______________ rubles.

2. To recover from the Defendant in my favor compensation for moral damage in accordance with Article 15 of the Federal Law “On the Protection of Consumer Rights” in the amount of ____________ rubles.

3. To recover from the Defendant in my favor legal costs for an independent examination in the amount of ____________ rubles.

Attachments: 1. Certificate of road accident dated “__”__________201_. (if available).

2. Resolution in the case of an administrative offense dated “__”_________201_. /or

resolution on termination of proceedings in the case of an administrative offense dated “__”____________201_.

3. A copy of the vehicle registration certificate or

PTS for a car.

4. A copy of the MTPL policy (if available).

5. Application for insurance payment dated “___”_____________201_.

6. Claim dated “__”_____________201_. with documents confirming sending by mail (indicate them if the claim was sent by mail).

7. Appeal to the Financial Ombudsman Service dated “__”_____________201_. with documents confirming sending by mail (indicate them if the application was sent by mail).

8. The response of the insurance company is not a claim (if sent to your address).

9. Decision of the financial ombudsman.

10. Independent assessment report No.______________ dated “__”______________201_, completed by specialists of the appraisal company _________________ (name)

.

11. Agreement for appraisal services, cash and/or

sales receipt to confirm the costs of the examination.

12. Bank account statement confirming payments made by the Defendant (if any).

13. Calculation of the amount of claims.

14. Copy of passport.

15. Postal receipt with a list of attachments confirming the sending of the statement of claim with attachments to the Defendant.

"__"____________201_ ______________/______________/

(signature) (full name)

*full name of the court with jurisdiction.

The court to which a statement of claim is filed for this type of dispute with insurance companies is determined based on two parameters, namely: the price of the claim (total amount of claims) and the location (place of residence) of the parties to the case.

Statements of claim with a claim price of up to 100 tr. (inclusive) such disputes are subject to the jurisdiction of the magistrate's court.

Note: In connection with changes adopted on October 1, 2019 to the procedural legislation, disputes arising in the field of consumer rights protection (which include disputes under compulsory motor liability insurance), with a claim price of up to 100 tr. are considered by the magistrate's court. Before these changes, this amount was 50 thousand rubles.

Statements of claim with a claim price exceeding 100 thousand rubles. jurisdiction of the district court. It should be understood that the amount of compensation for moral damage, as well as the costs of an independent examination, is not taken into account in the price of the claim, therefore, if the amount of the required penalty is, for example, 90 tr., and compensation for moral damage is 10 tr., the costs of the examination 5 t.r. (total 105 tr), such a claim will still be subject to the jurisdiction of the magistrate’s court.

Having decided which level of court (magistrate or district) has jurisdiction over your claims, you just have to choose a specific court to which to file your claim. In this case, the law provides for an alternative to choose the location (place of residence) of any of the parties to the case. As a rule, for convenience, a statement of claim is filed with the court at the place of residence or stay of the plaintiff, which is determined by registration in the passport or temporary registration at the place of stay. Either the claim can be filed in court at the location of the insurance company according to the Unified State Register of Legal Entities, which can be obtained on the website https://egrul.nalog.ru/, or at the location of the branch or representative office of the insurance company with which the MTPL agreement was concluded or in which it was an application for insurance payment has been accepted (information about the branches of the insurance company can also be found on the specified website).

Currently, each district court has its own website, where the “territorial jurisdiction” section contains information about the addresses of houses that fall under the jurisdiction of each district court. As a rule, they completely coincide with the administrative-territorial boundaries of the districts, but there are exceptions.

Magistrates' courts also, as a rule, have their own websites, which contain information about their territorial jurisdiction. As a last resort, this information can be obtained from the court office by telephone.

Note:

— Filing a statement of claim is also possible in court at the place where the MTPL agreement was concluded or executed (according to the text of the agreement);

— If the Plaintiff is an individual entrepreneur or an organization, the case is within the jurisdiction of the arbitration court at the location of the insurance company, or its branch or representative office, with which the MTPL agreement was concluded or in which the application for insurance payment was accepted.

** The plaintiffs in this type of case are persons who have a property interest in the car damaged in an accident; as a rule, these are the owners indicated in the registration documents for the car (STS, PTS). As a general rule, relatives of the owner, as well as persons “inscribed” in the MTPL policy, cannot act as plaintiffs.

*** The value of the claim is nothing more than the total amount of monetary claims. In this case, it will be indicated in the amount of the penalty (the amount of compensation for moral damage, as well as the costs of the examination, is not included in it).

FORMATION OF A PACKAGE OF DOCUMENTS (APPENDICES) TO THE APPLICATION OF CLAIM.

Attachments to the statement of claim should be submitted, if possible, in the original or, if you do not have them, in copies.

The passport, MTPL policy, STS (PTS) for the car are presented in copies. At the same time, in order to avoid difficulties with the court accepting the statement of claim, it is better to attach those documents that you previously submitted to the Investigative Committee in the original (a certificate of an accident, a resolution in a case of an administrative offense, etc.) in certified copies, issued upon acceptance of an application for insurance payment, or upon your separate application.

Note: the certificate of road accident has been abolished by law and its registration is currently not required. However, from time to time, traffic police inspectors continue to issue it, and in such a situation it would not be superfluous to attach a certificate to the claim.

It is advisable to submit an application for insurance payment and a claim in the original with marks from the insurance company confirming their acceptance or postal documents (receipt, list of attachments, etc.) confirming their dispatch if they were sent to the insurance company by mail.

It is also worth submitting the insurance company’s response to the claim (if any) in the original. As for the decision of the financial ombudsman on the appeal, the law provides for the possibility of sending it not only in paper, but also in electronic form through the website https://finombudsman.ru/. In the latter case, it is enough to provide a printout of the decision stored in your personal account on the specified website.

The independent assessment report with a check (receipt) for its payment, as well as the assessment agreement, are submitted in copies (the originals were previously sent to the Investigative Committee along with the claim).

A bank account statement must be submitted in the original, for which you must contact the bank to obtain a statement issued with the seal and signature of an authorized bank employee. Note: when paying insurance compensation in cash at the cash desk, the originals of the relevant receipts must be presented.

The calculation of the penalty is a separate document drawn up independently (see below). It makes an arithmetic calculation of the amount of penalty required from the Defendant.

SAMPLE CALCULATION OF PENALTY

DOWNLOAD, VIEW >>

Important: the statement of claim must be accompanied by an original postal receipt with a description of the contents to confirm that the claim was sent to the Defendant with copies of attachments (requirement of changes in legislation that came into effect on October 1, 2019).

For convenience, the attachment inventory can be filled out electronically on the Russian Post website https://www.pochta.ru/form?type=F107 and printed from there.

SUBMITTING A CLAIM TO COURT.

Having decided which court has jurisdiction over the claim, you submit it either through the court reception or by mail.

In the first case, we recommend that you find out in advance the opening hours of the reception on the court’s website, or by calling the court’s telephone number, also posted on its website.

Prepare and take with you a second copy of the claim, on which you will be marked as accepted and assigned a material number, which will be useful in the future for tracking the progress of your claim.

Note: On the websites of all district courts, in the “judicial records management” section, it is possible to track the progress of the case. To do this, you need to go to the specified section using the link “search for information on cases” and already there you can find out information about the status and progress of the claim by your last name (name of the insurance company) or material number. This possibility is also provided on the website of the magistrates' courts, but information about the progress of the case is not always displayed correctly, and therefore all information can also be obtained either by telephone or in the magistrates' court itself during reception hours.

If a statement of claim is filed by mail, it with all the above attachments must be sent to the court address indicated on its website by registered mail, which will allow you to track the movement of the postal item through the Russian Post website.

ACCEPTANCE OF A CLAIM BY THE COURT FOR PROCEEDINGS.

Having received the statement of claim, the judge accepts it for proceedings, about which a corresponding ruling is sent to you or notified by phone that you indicated in the claim.

In rare situations, the statement of claim is left by the court without progress, and the court invites you to submit the missing necessary documents or eliminate inaccuracies, supplement the information available in the claim, about which a determination is made indicating which of the documents and information must be submitted and by what time it must be done . In this case, you need to do this in the same ways (through the court reception or by mail) within the time period specified by the court in the ruling. The submission of documents, the elimination of inaccuracies in the claim and the addition of information contained in it are drawn up in a separate application (see below), to which the missing documents and/or the statement of claim corrected taking into account the requirements of the court are attached.

The missing documents and the corrected claim are also sent by mail in a valuable letter with an inventory of the contents to the defendant. The postal receipt itself with a description of the contents must be attached to the application.

SAMPLE APPLICATION FOR ACCEPTANCE OF A CLAIM

FOR PROCEEDINGS WHEN THE COURT LEAVES IT WITHOUT MOTION

DOWNLOAD, VIEW >>

In very exceptional cases, the court may return the statement of claim. This may happen if, for example, you forgot to sign the claim, filed the claim in the wrong court, or did not eliminate, within the time limit set by the court, the obstacles that served as the basis for leaving it without progress. In such a situation, the claim with all the materials attached to it is returned to you by the court. At the same time, the court issues and sends a ruling to your address, which will indicate the violations that served as the basis for the return, and also describe what needs to be done or where to file the claim in order for it to be accepted for proceedings.

Note: Often in some courts there is a vicious practice of leaving statements of claim without progress or even returning them to the applicant on minor, sometimes even far-fetched grounds. And although the law in this case provides for the possibility of appealing against such determinations and their cancellation in higher courts, we would not recommend you to follow this path, since it can take more than one month. Therefore, in such cases, it is more advisable not to argue with the court, but to follow the instructions contained in the rulings issued by it.

CONSIDERATION OF THE CLAIM BY THE COURT.

A claim accepted for proceedings is considered by the court either in a simplified manner (if the cost of the claim does not exceed 100 thousand rubles), in which case the court makes and makes a decision without calling the parties, or in a general manner, when the parties are involved in the process, but consideration of the case can take place without calling the Plaintiff if an appropriate petition has been submitted, which is contained in the text of almost all sample claims presented on the site. Thus, in any case, you will not have to go to court for hearings. And if on your part all actions and recommendations have been completed, all the necessary documents specified in this section have been submitted, then the consideration of the case will be successfully resolved in your favor.

All you have to do is track the progress of the case through the court’s website, or through the office, contacting them during reception hours or by telephone.

Note: civil proceedings are not an exact science, so emergency situations that require, for example, your participation in court to present additional documents and legal grounds, order and conduct a forensic examination, also occur. In this case, feel free to contact us, and we will provide the necessary advice on guidance for your further actions, especially since on our part this will be done absolutely free of charge!

If you are one of those people who are accustomed to remaining involved in ongoing cases and willingly immerse themselves in them headlong, then you may not miss the opportunity to appear in court if you are summoned there by summons sent by mail by telegram or telephone message (to a mobile phone). ). On the one hand, nothing special will be required from you there, perhaps, except verbal confirmation that you support the claim and demand that the insurance company recover the full amount of the stated claims, and on the other hand, this will reduce the risk of emergency situations in the process and make it is possible to quickly respond to them, thereby minimizing the risks from their development.

At the end of the consideration of the case, the court makes a decision, which is sent to you by mail, if the decision was made in your absence, or is issued through the court office in the manner determined by the internal instructions of the court, which can be found out in the office itself.

Deadline for the decision to enter into legal force:

- after 15 days from the date of its acceptance (production in its final form), if it was accepted through summary proceedings;

- after a month has passed from the moment of its acceptance (production in its final form), if it was accepted in the general procedure of legal proceedings.

Once the decision comes into force, the stage of its execution and collection of funds from the insurance company begins. However, the Investigative Committee can appeal the court’s decision within the above-mentioned time limits, and then it comes into force only after the appeal has been considered by a higher court. This may not happen often, but it happens. If this happens, please refer to the section below - appeal for recommendations. If you have not received a complaint against the court decision from the insurance company, then bypass it and follow the section “Execution of the court decision and receiving funds from the insurance company.”

Note: If you, as a plaintiff, disagree with a court decision, you also have the right to appeal it to a higher court indicated in the text of the decision.

APPEAL. REVIEW.

When filing an appeal, the case is sent to a higher court, which considers the complaint and verifies the legality of the decision made by the court of first instance. Your participation in the consideration of the complaint is not mandatory, but in such cases it will not be superfluous.

Note: if the defendant files a complaint, there is no one universal advice on how best to act, since the range of possible objections in the complaint is too wide, from formal and far-fetched, aimed at delaying the defendant’s time for the court decision to enter into legal force (which is more common), to well-founded ones objections on the merits, which have grounds for changing or canceling the decision of the court of first instance (which is much less common). Therefore, if such situations arise, you can safely seek advice, which is provided by us absolutely free of charge!

The progress of the complaint can be tracked on the website of the court considering it, where information about the date and time of consideration of the complaint is also displayed.

Based on the results of consideration of the appeal, the appellate court, as a rule, leaves the decision of the first instance court unchanged, or changes it in part (for example, reducing the amount of money awarded), about which an appropriate ruling is made.

After this, the decision of the court of first instance is considered to have entered into legal force, and you can proceed to its actual execution and collection of funds from the insurance company. To do this, you need to wait for the case to be returned to the court of first instance, which can be found out in the court office.

The appellate court retains the right to completely disagree with the decision of the first instance court and overturn it, which occurs in very exceptional cases.

In a situation of disagreement with the decision of the appellate court, the law in this case provides for the possibility of further appeal to the cassation court, which is indicated in the text of the judicial act issued by the appellate court.

EXECUTION OF COURT DECISION AND RECEIPT OF MONEY FROM INC.

You can execute a court decision and receive the funds due from the insurance company on the basis of a writ of execution, which is issued in the court office upon application. As a rule, you need to prepare the application yourself (see sample below); less often, the office is given a form to fill out for its issuance. You can also ask for a writ of execution to be sent by mail to your address.

SAMPLE APPLICATION FOR ISSUANCE OF A WRITER OF EXECUTION

DOWNLOAD, VIEW >>

Having received the writ of execution, you can present it either to the bank where the insurance company has an account, which is preferable, or to the bailiff service.

In the first case, the bank in which the insurance company has a current account, having received the writ of execution, is obliged to transfer funds from its account to your bank account specified in the application (see sample application below).

To facilitate the task of searching for information about the bank details of the insurance company that owes you, we have prepared information about the banks in which accounts of all insurance companies operating in the field of auto insurance are opened.

The procedure for writing off funds itself takes a few days from the moment the writ of execution is accepted, and to carry it out, you just need to submit an application to the bank, attaching the original writ of execution, and expect the money to arrive in your account soon.

For convenience, we would also recommend that you first call the help desk or branch of the bank where the insurance company has a current account to clarify at what address the bank division that accepts writs of execution is located, since not every bank branch is authorized to accept documents of this kind, and also to clarify whether the bank has currently stopped servicing the insurance company you are interested in (whether its account has been closed).

SAMPLE APPLICATION TO THE BANK FOR ACCEPTANCE

Writ of Execution for Execution

DOWNLOAD, VIEW >>

Important: The writ of execution is extremely difficult to restore if it is lost, and therefore, when presenting it, it would be advisable to prepare a second copy of the application, on which you will be given a mark indicating its acceptance with the incoming number. In addition, before submitting the writ of execution, first make and keep a copy of it (photocopy); it may not be superfluous for the future.

SUBMISSION OF A WORD OF EXECUTION TO THE BAILIFIC SERVICE.

Note: If you choose to take the path of presenting a writ of execution to the bailiff service, then you must take into account that the procedure for collecting funds from the insurance company in this case may take a long time, and also threatens to arise a number of organizational difficulties, since the work of bailiffs often leaves much to be desired and requires the collector to constantly monitor the progress of enforcement proceedings, which is associated with the need to periodically personally visit the bailiff service during reception hours.

Therefore, we would recommend this route as a backup option, in case for some reason you are unable to present a writ of execution to the bank.

The writ of execution is presented to the territorial department of the bailiff service on the basis of an application (see sample below) either at the location of the insurance company itself, or at the location of its branches and representative offices (or at the location of the property of the insurance company).

SAMPLE APPLICATION TO THE JUDICIAL SERVICE

BAILIFFS ON THE ACCEPTANCE OF A WORD OF EXECUTION FOR ENFORCEMENT

DOWNLOAD, VIEW >>

The received writ of execution is handed over to the bailiff, who, on its basis, initiates enforcement proceedings, within the framework of which he collects (requests) information about the open accounts and property of the debtor, at the expense of which the funds due to you are collected by writing them off from the debtor’s account or by arrest and further sale of his property. The funds received (written off) from the debtor are transferred to your bank account.

If you have or still have questions that are not answered in this section, you can feel free to contact us for consultations, which are provided absolutely free of charge from our side!

Pre-trial claim

Drawing up a pre-trial claim is the first stage of resolving a dispute. If disagreements arise due to a reduction in the amount of compensation, refusal to pay insurance, or violation of payment deadlines, the motorist has the right to file a formal complaint with the appropriate company.

In a pre-trial claim, the driver of the vehicle expresses objections to the illegal actions of the insurer, indicates all the circumstances under which the conflict arose and demands that they be eliminated. If the insurance company does not provide a written response within the period established by law, the car owner has the right to go to court.

Pre-trial resolution of insurance disputes is a mandatory element of the parties’ proceedings. If the driver does not agree with the amount calculated by the insurer, he has the right to engage an independent appraiser to inspect the vehicle and calculate the amount of recovery from the insurance company.

When sending a claim document, a number of requirements must be met:

1. The claim must be made in writing.
2. The paper must be presented in two copies: one remains with the insurer, the other is returned to the applicant with a receipt stamp.
3. The document must contain the necessary information.

The text of the claim must include the following information:

• first name, last name, patronymic of the applicant;
• passport details and registration address;
• circumstances of the conflict, claims, indication of clauses of the contract violated by the insurer;
• calculation of the amount of compensation (if the company incorrectly calculated the amount of compensation paid);
• demand for payment of a specified amount;
• details of the bank account to which the money must be transferred;
• signature of the applicant and date of preparation of the document.

All documents related to the case must be attached to the paper.

STATEMENT OF CLAIM

(indicate the date of the accident, time of the accident, place of the accident) an accident occurred involving cars: list the vehicles that were involved in the accident (indicate the brands of vehicles and license plate numbers, who was driving the vehicle)

As a result of an accident, my vehicle, which belongs to me as a property (specify the vehicle and license plate number), suffered technical damage.

The driver of the vehicle was recognized as the culprit of the accident (indicate the vehicle and license plate number, full name of the culprit).

(indicate the date of contacting the insurance company) in accordance with Federal Law No. 40-FZ dated April 25, 2002 “On compulsory civil liability insurance of vehicle owners” and Decree of the Government of the Russian Federation No. 263 dated May 7, 2003 “Rules for compulsory civil liability insurance of vehicle owners (hereinafter referred to as “Insurance Rules”) applied to Insurance Company LLC to receive insurance compensation for an accident.

Based on the documents I submitted and the inspection of the damage, a specialist from Insurance Company LLC left an Insured Event Report and I (indicate the date of payment of the insurance indemnity) was paid an insurance indemnity in the amount of (indicate the amount).

However, the amount of insurance compensation paid to me does not correspond to the actual amount of the insured loss; on my initiative (specify the date), a second independent examination of the amount of damage caused to me was carried out. An independent examination was carried out (indicate the name of the expert organization), the defendant was notified of the re-examination (indicate how). As a result of the repeated examination, it was revealed that the real amount of damage caused to me, which should have been compensated to me by Insurance Company LLC in accordance with the Law “On Compulsory Motor Liability Insurance” No. 40-FZ of April 25, 2002. amounts to (indicate the amount of the loss specified in the re-examination). The difference between the independent examination and the actual payment made to me was (specify the amount).

Based on the above, guided by Art. Art. 131, 132 Code of Civil Procedure of the Russian Federation,

ASK

To recover from the defendant (indicate the name of the insurance company) in my favor:

• insurance compensation in the amount of (specify amount);
• state duty (indicate the amount of state duty);
• expenses for conducting an independent examination in the amount of (specify the amount);
• postage costs in the amount (specify the amount)
• indicate other expenses incurred for pre-trial and judicial settlement of the loss

Applications:

1. Receipt for payment of state duty for 1l. (original);
2. A copy of the receipt for the cash receipt order for payment for the independent examination (indicate by whom);
3. Copy of the telegram (copy of the telegram for re-inspection);
4. Copy of Expertise Conclusion No.____ dated ____________
5. A copy of the accident certificate dated (date of the accident);
6. A copy of the resolution in the case of an administrative offense
7. Copy of driver's license
8. Copy of the insurance act of Insurance Company LLC
9. Copy of vehicle passport
10. A copy of the statement of claim for the defendant

_________ /Victim A.A./ “___”_________ 20__

Download the document “Standard form of claim for underpayment of insurance compensation under OSAGO”

What laws does the court follow?

Current regulations on compulsory motor liability insurance:

1. Constitution of the Russian Federation.
2. Federal Law No. 40-FZ of 2002 on compulsory insurance of car owners.
3. Law No. 223-FZ of 2014, which spells out amendments to the previous law.
4. Law on the protection of consumer rights N 2300-1.
5. Regulations of the Central Bank of 2014 N 432-P on a unified methodology for calculating restoration repairs.
6. Rules of technical examination N 433-P, approved by the Central Bank in 2014.

General provisions

When taking out a policy, an agreement is signed between the policyholder and the car owner, which specifies possible insured events. It also spells out those situations when the insurance company disclaims all responsibility. Why then does there exist judicial practice on compulsory motor liability insurance?

The fact is that the court more often comes to the defense of the injured party and makes decisions without taking into account the terms of the contract. As a result, insurers pay compensation in full. In addition, the number of scammers who hire lawyers and receive compensation from the insurance company that is not due to them has increased. In this case, victims are left without money or receive a minimum amount.

Given this problem, the Supreme Court made a number of changes to the legislation. Now the trial is carried out only after the citizen personally submits an application to the relevant authority. The payment is made not to the intermediary, but to the injured person. This allowed us to minimize the number of fraudulent cases.

Most often, all disagreements between the insurance company and the policyholder are resolved by agreement, without the involvement of judicial authorities.

If payment under compulsory motor liability insurance is delayed for more than 20 days, the insurance company pays a penalty of 1%. If the insurance company violates the deadline for issuing a refusal, it will be assessed a fine of 0.05%. Penalties come into force 21 days after the client delivers the documents to the company.