Claim for an accident to the owner sample. Claim for damages in an accident

According to these legal acts, the victim may demand 100% compensation for the damage caused in the traffic accident.

The money paid by the perpetrator of the incident is intended to restore damage to the car and other property.

You can claim damages directly from the participant in the accident in the following cases:

1. The amount of insurance payments under OSAGO does not fully compensate for the damage.
2. The driver has no insurance.
3. The damage caused is not included in the list of losses payable under insurance.
4. The insurers refused compensation.

From the culprit of the accident, not only the victim can demand compensation for material damage, but, under certain conditions, the UK.

If he refuses to pay damages voluntarily, recover cash possible by going to court. Protection of the rights of the victim is carried out in this case in accordance with Article 11 of the Civil Code.

Article 11. Judicial protection civil rights

1. The protection of violated or disputed civil rights is carried out in accordance with the jurisdiction of cases established by the procedural legislation, the court, court of Arbitration or arbitration court (hereinafter referred to as the court).
2. Protection of civil rights in the administrative procedure is carried out only in cases where statutory. An administrative decision may be challenged in court.

Despite the logic of 100% compensation for damages, it is not so easy to achieve full payment of the entire required amount. It is more expedient in such situations to contact experienced lawyers who are familiar with all the intricacies of the procedure and can achieve the collection of the maximum amount of money.

This is also important because any insurance company has a large staff of highly qualified lawyers, with whom it is very difficult for an average person inexperienced in such matters to fight. By contacting an experienced lawyer, increase your chances of winning the process.

Procedure for the victim

If you decide to act independently, you should adhere to a certain procedure.

First of all, it is worth establishing who is to blame.

This is done in the course of administrative proceedings initiated by traffic police officers..

The arrival of representatives of the service and drawing up a protocol is a must.

If your property has been significantly damaged.

When drawing up the protocol, special attention should be paid to listing the damage to the car.

After the protocol is drawn up, the actions of the victim can be carried out in two ways.

1. Application for compensation for material damage in an accident in the UK. If another participant in the accident has an OSAGO policy, you need to start by calling the UK, in which the policy is issued with a statement about the occurrence of an insured event. No actions to repair and restore the car until the arrival of the IC expert can not be taken.

   The expert will inspect the car and make an assessment. The maximum amount of payments under the OSAGO policy is currently 400 thousand rubles. In case of excess, you have the right to demand the remaining funds from the driver who caused the accident.

2. If he does not have a policy, he must compensate for all the damage caused by himself. It is necessary to contact independent experts from a specialized organization to assess the damage.

   During the inspection of the car, the person responsible for the accident has the right to be present, whom the expert informs about the place and time of the procedure. The victim can also recover the expenses for the services of an expert from the perpetrator of the incident.

CASCO payments

The presence of a CASCO policy for a participant in an accident implies the payment of an appropriate sum insured to him. In this case, compensation is made without taking into account the funds received under OSAGO. Insurance under this document is paid regardless of who caused the accident.

The insurance company may offer to repair the car in official service stations or issue funds for repairs at the request of the policyholder. Exceptions are cars purchased under the car loan program.

Payment will not be made if:

• you were under the influence of alcohol at the time of the accident;
• the driver was a person not specified in the policy;
• if the accident occurred while racing;
• insurers will prove intentionality of causing a loss with the help of third parties or independently.

In other cases, CASCO guarantees full reimbursement of the cost of car repairs. The only problem is the waiting time for the payment, since the assessment takes quite a long time.

Rules for determining the amount of payments

All expenses for the restoration of the vehicle and other damaged property are subject to compensation.

This amount includes the following items:

• cost of damaged parts. Moreover, the price of new parts should be included in the calculations, regardless of the percentage of vehicle wear;
• repair and installation costs;
• services of an independent expert;
• funds for the diagnosis and evaluation of repairs in the auto center;
• services of lawyers, in case of applying to the judicial authorities, as well as the cost of state duty for filing a claim;
• loss of the commodity value of the vehicle after a traffic accident. This includes the difference between the market value of the car before and after the accident.

TCB is charged exclusively for certain categories of cars. This category includes foreign cars no older than 5 years and domestic cars no older than 3 years and with a wear rate of no more than 40 percent.

Indemnification cases

By law, the owner of a car involved in an accident is not required to compensate for material damage in the following cases:

• the damage was caused due to force majeure or the intent of the victim himself;
• The vehicle fell out of possession due to theft, theft.

The court may reduce the amount or release the culprit from payments if the accident occurred due to the actions of the victim himself (gross negligence). The law does not establish criteria for evaluating these actions, therefore the court makes a decision based on personal impressions, focusing on the evidence presented.

Reimbursement Options

There are several ways to obtain compensation for material damage from the guilty participant in an accident. In each individual case, it is required to take certain sequential actions.

Claim for insurance

Russian legislation provides for two types of insurance possible harm arising from an accident: compulsory liability insurance (OSAGO) and voluntary insurance (CASCO).

Unfortunately, the presence of none of these types of insurance does not guarantee full compensation from the insurance company.

At the same time, the amount paid under OSAGO is limited by law and established at the state level, while under CASCO it depends on the condition of the car and the insurance premium paid, in accordance with the current tariffs of the UK.

Insurers are trying to underestimate the amount of funds paid out, so the task of the victim is to collect maximum evidence and submit all the necessary documents.

After registration of the incident by the traffic police, papers remain in the hands of the victim:

• information about the incident;
• a protocol on an administrative offense (or a decision to refuse to initiate a case).

Both documents must be submitted to the UK, the policy of which will be provided to you by another participant in the accident. Company information and document number can be found in the Protocol. At the office of the insurance company, you will be asked to fill out a Notice of Insured Event.

Employees of the UK will contact an expert to inspect the car and assess the damage. After his visit, you will have an expert opinion with the amount of the insurance payment. Even if you think that you are owed much more money, arguing with insurers at this stage is useless. You need to visit the office again and write an application for the issuance of this particular amount..

SC will transfer the funds to your account. At this time, you can contact an independent expert to assess the real damage to your property.

On the basis of this document, it is necessary to draw up a claim to the UK with a requirement to reimburse the missing amount and pay for the services of an expert. In the claim, you need to describe in detail the place and time of the accident, name the actual amount of losses, and how much was paid to the insurance company. At the end of the paper, you must demand that the remaining funds be paid within ten days and declare your intention to resolve the issue through the courts.

The claim is made in two copies, one of which is handed to the employee, and on the second you will receive his signature and a stamp with the date of receipt of the document. The IC response time is 10 days. Most likely you will not receive any compensation for the difference in funds, but you need the document as evidence in court.

Voluntary settlement

The difference between payments under the policy and real expenses can be recovered both from the insurance company and directly from the person responsible for the accident.

A claim for compensation for losses to the participant in the incident must also be sent if he does not have an OSAGO policy.

This method of solving the problem is most often found in European countries..

Cases of voluntary compensation in our country are extremely rare, but it is still worth trying to negotiate peacefully.

Before making a claim to him, it is necessary to inspect the car by an expert.

During the procedure, in this case, your opponent must be present, so take care of his invitation properly.

By law, you must notify a citizen living in your city about the procedure no later than three days until the moment of inspection, and living in another city for 6 days.

After inspecting and assessing the damage, it is necessary to draw up a pre-trial claim against the culprit, which should contain the following items:

• incident participant data;
• information about the incident;
• information about the damaged property;
• examination data (in detail);
• amount;
• information about the insurance payment (if any);
• the difference between insurance amounts and actual damage;
• claim for payment of the difference;
• data of the injured party to resolve the issue.

At the end of the claim, you need to suggest the terms in which you want to receive the payment and the form of payment (by transfer to the specified account or in cash).

Copies of all documents that you have in your hands after contacting the insurance company are attached to the claim. The package of documents is sent by registered mail with notification to the address of the participant in the accident.

Receiving payments through the court

All documents received from the IC, and those that were sent to the address of the perpetrator of the incident, will become the basis for filing a claim for compensation for material damage to the court.

This is the final stage of action.

It should be noted that this is the most important effective way receive the maximum amount of payments both from the insurance company and directly from the culprit of the accident, so you need to take it with all responsibility.

In this case, every little thing is important, so it is better to resort to the help of an experienced lawyer.

The most important - correct compilation statement of claim. Paper has strictly certain form, which is strictly required. Any errors may result in a refusal to accept the application or initiation of legal proceedings.

The defendant may be the UK or directly responsible for the accident. An application is filed with the Magistrate's Court in case of a claim of up to 50 thousand rubles or a district court in case of a claim amount of more than 50 thousand.

The judge will also first try to settle the matter amicably. The procedure for reconciliation of the parties is not fixed in a mandatory manner by law.

How to file a claim

The rules for drawing up a claim are contained in article 131 of the Civil Code. The document is drawn up in a free style form, but must necessarily contain the following items:

• details of the plaintiff and defendant;
• information about the accident;
• the results of the appeal to the UK or to the culprit of the accident;
• information about the examinations carried out and the funds paid;
• request for a refund of the difference. The amount to be recovered must be supported in detail by calculations;
• list of documents attached to the claim.

The application must be accompanied by all the previously listed documents in originals and copies..

The document can be drawn up by hand or with the help of technical means. At the end, the plaintiff puts a signature with a transcript and a date. The statement of claim must be accompanied by a receipt for payment of the state duty. The amount of the state duty is included in the calculation of the amount of the claim and is subject to recovery from the defendant.

If the driver of the company car was the culprit of the accident during the performance of his duties, the claim can be brought not to him, but to the legal entity-employer of the culprit. In this case, it will be much easier to achieve a full payout as soon as possible.

The date on the application must be the same as the date of submission and receipt by the secretary.

The term for consideration of the claim is 5 days. After this time, a court session is scheduled or the plaintiff is refused to initiate proceedings. Refusal is an extreme measure, and you can get it only in case of incorrect preparation of the claim or an incomplete package of documents.

The statute of limitations for claims for the recovery of material damage caused as a result of an accident is three years.

What to do after the trial?

In the event of a court decision in favor of the victim, within 10 days after the meeting, he receives a Writ of execution for the recovery of damages from the perpetrator of the accident. This document must be submitted to the Bailiff Service at the place of residence. There you will be asked to write an application for initiation of enforcement proceedings.

From now on, you just have to wait for the culprit to pay you the money. If the claim was made against the insurance company, the payment will be made exactly on time. According to the law, 2 months are allotted for this from the date of entry into force of the Resolution.

You can wait for compensation for losses from an individual for years, especially if he has no property and income. In this case, payments will be made in parts, sometimes quite small. But you will no longer be able to influence the process, it all depends on the work of the bailiffs.

Compensation for damage as a result of an accident is a complex process that requires the expenditure of mental and physical strength. Only by making maximum efforts, you can achieve full compensation for losses by the culprit of the accident or the UK.

Useful video on the topic.

Very often, a claim for compensation for damages in an accident is the subject of litigation. Such claims have become classic and quite common in judicial practice.

The adoption of the Law on Compulsory Motor Third Party Liability Insurance made it a little more difficult to bring such claims. 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 damages in an accident

To the Tyndinsky District Court

Amur region

Tynda, st. Oktyabrya, 32, apt. 7

Respondent: VashaStrakhovka LLC,

address: 675000, Blagoveshchensk,

st. Vostochnaya, 32,

branch in Tynda

Respondent: Golov Konstantin Matveevich,

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 hour 15 minutes. made a collision with a car NISSAN UD3452D (2010), state. reg. mark OS412V 14 RUS, owned by me and under my control.

By the definition of the traffic police inspector of the Ministry of Internal Affairs of Russia "Magdagachinsky" dated 10/18/2020, it was established that the Defendant was the culprit of the accident. There is no fault of the Claimant (the second participant in the accident). As a result of an accident, my property was damaged: cab, bumper, right front fender, right door, front axle housing, 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 insurance payment. On 10/23/2020, I applied to the insurance company "VashaStrakhovka", which is an insurer under the OSAGO agreement. The insurance organization paid the sum insured in the amount of 296,000 rubles. However, I do not agree. An independent examination carried out on my order determined the amount of damage caused in the amount of 462,000 rubles. taking into account work.

On 10/29/2020, VashaStrakhovka LLC was sent to review the amount of the insurance amount, to which on 11/04/2020 a response was received refusing to increase it.

Since, according to the results of an independent examination, the amount of damage caused exceeds the established Art. 7 of the Law on Compulsory Third Party Liability Insurance of 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 compensated by the culprit of the accident (62,000 rubles).

Based on the foregoing, guided by Art. 12, 14.1 federal law dated 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. Collect in my favor from LLC "VashaStrakhovka" insurance compensation in the amount of 166,000 rubles;
2. Collect in my favor from Golova Konstantin Matveyevich on account of the damage caused 62,000 rubles.

Application:

1. Copy of the statement of claim (2 copies)
2. Receipt for payment of state duty
3. Copy of TCP, SR
4. Information about the accident
5. Determination on refusal to initiate an administrative offense
6. Extract from the current account in the bank on the transfer of the sum insured
7. Copy of complaint and response
8. Damage assessment (issued by an authorized body)

Lopatin S.V. 01/20/2021

Making a claim for damages 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 decision to bring to administrative responsibility or to refuse to initiate an administrative case (which confirm the degree of guilt of the participants in the accident), documents for the car (PTS, CP).

From 10/01/2014, the damage subject to compensation from the insurance company can amount to a maximum of 400,000 rubles. And the limit for 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 liable. The culprit of the accident can be brought in as (to testify in court, etc.).

Typically, insurance organizations produce their own assessment of damage, which may not correspond to the actual size. With this in mind, a written claim must be sent to the insurance company, which must be considered within 5 days. SENDING A CLAIM in case of disagreement with the damage assessment, 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.

Filing a claim in court

Statement of claim with copies of all materials on the number of persons participating 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, consumer protection law applies. That is, the plaintiff can file a lawsuit at the place of his residence, and not just the location of the defendant or the execution of the OSAGO agreement.

The extension of consumer rights protection relations to OSAGO insurance provides several bonuses. First, as mentioned above. Secondly, it is the right to recover. Thirdly, a fine for refusing to voluntarily satisfy the plaintiff's claims. Fourth, no need to pay.

During the consideration of the case, it is possible to petition for compensation of all (including for the services of a representative, payment for an independent examination) from the defendant, as well as to demand compensation for non-pecuniary damage.

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

20.05.2017 | 12:00 Updated: 06/26/2018 2725

All about compensation for material damage received in an accident: step-by-step instruction, analysis of non-standard situations + sample documents

Any accident, by definition, involves damage to property or injury to people. Therefore, in any road accident, the question arises: how to compensate for material damage in an accident?

Knowing the correct answer to this question is very important, because in case of erroneous actions after an accident, the victim himself will have to spend money on car repairs, and sometimes on restoring health.

Kulik Ilya is with you, and today I will tell you about compensation for material damage in an accident. Ready? Go!

The liability of every car owner in Russia must be insured against. The essence of this type of auto insurance is that the insurer bears part of the responsibility for damage caused by a person.

But the person who caused the damage always bears full responsibility for the damage. Therefore, there are several options for who and how to receive compensation for damages received in a road accident.

The owner of the vehicle is not liable for damage caused by using the vehicle only in cases where this damage occurs due to:

• intentional actions victim (for example, suicide);
• force majeure(hurricane, flood, earthquake, etc.);
• illegal possession of a vehicle(theft).

Of course, for exemption from liability, there must be evidence of the above circumstances.

Step one - car accident registration

A person making a claim for damages must always prove that he has such a right. It is logical and fair that the victim receives as much as he lost, and the guilty party pays only for what he spoiled.

Moreover, statutory requirements are required, certain formalities must be observed. Therefore, if the victim wants to receive compensation for harm, the fact of damage must be recorded, and the more officially, the better.

When people were injured, as well as a lot of property damage, it is necessary to draw up documents by traffic police officers. Firstly, it is required by law, and secondly, without papers from the traffic police, you cannot receive insurance compensation.

When recovering money from the perpetrator of the accident, the judge will also check whether the defendant is obliged to pay damages, that is, documents confirming the damage will be needed.

Simplified design

Now motorists have the opportunity to independently register an accident according to the Europrotocol. But when applying in this way, the OSAGO insurance company will not pay more than 50,000 rubles. (with the exception of the two capitals and their regions when fixing the accident using photo and video shooting and GLONASS navigation). So, if the damage is small, a simplified design is enough.

Drivers can agree on the settlement of losses without resorting to the mediation of the UK, in which case all the damage will have to be compensated directly by the tortfeasor. The agreements of the parties must be secured by an agreement or a receipt for damages. Moreover, this option of compensation for harm is also possible with traffic police officers.

Step two - contact the SC

If the liability of the offending car owner was insured, you should notify the insurance company of the accident as soon as possible and send an application for the settlement of losses along with, as well as other documents required to obtain insurance, within 5 days.

Where to apply in what cases

When only the vehicles of the participants in the accident are damaged and there are no casualties, and both vehicles are insured, car owners apply for a direct loss settlement (DCL) to "their" insurers. So far, this applies to accidents with only two participants. But from September 2017, the restriction on the number of collision cars will be lifted.

Note. If the insurance company of the victim has ceased to exist, you must go to the IC of the culprit, even if, due to circumstances, a PES is required.

If the insurer of the culprit is declared bankrupt, then, subject to the conditions of the PES, one should apply for compensation to "one's" insurance company, if the PES is not possible, then to the RSA. In this case, the Association of Motor Insurers will make a compensation payment.

The PCA is also contacted when the insurance companies of both parties do not carry out insurance activities.

Getting a refund

After accepting the application, the insurer must request the victim's car for inspection no later than 5 days later. If it is impossible to move the vehicle, the expert goes to the place of its parking. The specialist will conduct an examination, according to which the amount of compensation will be established. In some cases, additional studies are carried out, for example, to clarify the circumstances of the accident.

In case of doubts about the veracity of the expert opinions, and also if the IC did not ask for a car for inspection in due time, the victim has the right to independently order an independent expert assessment.

And if the result of this examination differs in big side from the conclusions made in the UK, there is every reason for . In addition, the result of the assessment will be useful if you need to claim compensation from the person responsible for the incident.

Within 20 days (excluding weekends) the insurer must review the received documents and make a decision on compensation.

Compensation Method

When indemnifying for losses under OSAGO agreements concluded since the end of April 2017, compensate for damage to cars individuals will be in kind. cash payment will only be available in special occasions stipulated in the law. For TS legal persons choice of the type of reimbursement remained.

Obtaining casco insurance

Approximately the same is the case with compensation for Casco. The scheme of actions is the same: filing an accident, notifying the UK, inspecting the car, repairing the car from the insurance company or receiving a cash payment.

At the same time, the victim, who has restored his car under hull insurance, can no longer make claims for compensation for harm to the culprit or his insurance company under the “auto-citizenship”, because this right passes by subrogation to the insurer who repaired the vehicle. Of course, with the exception of cases when Casco did not fully cover the damage, for example, due to a franchise.

Two conclusions follow from this: it is illegal to demand compensation immediately for both hull insurance and OSAGO, and the culprit is obliged to compensate for losses, regardless of whether the opponent has a hull insurance.

Extended insurance

By the way, it is worth remembering about voluntary liability insurance - DSAGO. With the increase in the limit of payments for OSAGO, they began to forget about this type of insurance, but this is an excellent addition to the mandatory "autocitizenship", it helps a lot when the damage in an accident is large.

Receiving compensation under this insurance is in many ways similar to compensation under OSAGO, but is regulated by the internal rules of the insurer. Therefore, for details - to him.

Step three - collecting compensation from the tortfeasor

It often happens that the payment from the UK is not enough to cover all the damage or on a legal basis. This usually happens when:

• moral damage(according to the law, it is not compensated by OSAGO);
• damage exceeds limit insurance payments (this also applies to the Europrotocol);
• the payment was made taking into account depreciation;
• the culprit did not insure your responsibility.

The culprit is obliged to compensate for all damage caused by him as a result of the accident. Therefore, in the event of the occurrence of one of the above or other similar situation when compensation from the UK is not enough to fully recover the losses, compensation should be demanded from the culprit. Please note that if the insurer refuses to pay out illegally, you need to seek compensation from him, and not from the tortfeasor.

How to claim compensation

In receiving money from the culprit, three stages or methods can be distinguished:

1. mutual voluntary agreement;
2. pre-trial claim;
3. civil court.

The first point is the simplest option, when the tortfeasor goes forward, agrees to compensate for the damage, sometimes he offers it himself. It is possible to agree and formalize the reached solution immediately at the scene of the accident, but nothing prevents doing this later, when the need arises. But unfortunately, the tortfeasor does not always immediately agree to compensate for the losses caused.

What to do if the perpetrator refuses to compensate for the damage

If the person voluntarily responsible for the accident refused to compensate for the damage, you should write him a pre-trial claim. However, this is an optional stage when recovering funds from the culprit (as opposed to making claims against the UK), you can immediately file a lawsuit.

But there is a possibility that the tortfeasor will change his decision on compensation for harm to positive upon receipt of the claim, and it will be possible to do without litigation.

In the case when, even after the pre-trial claim, the parties have not reached an agreement, litigation cannot be avoided. To do this, a claim is filed for the recovery of compensation for damage from the tortfeasor.

Collection through the court

In general, if you do not have the necessary legal knowledge and the situation is non-standard, it is better to use the services of an auto lawyer. If the situation is simple, and you have a desire to figure it out yourself and the opportunity to spend time on trial You can try to litigate on your own. But it never hurts to consult with a lawyer.

By the way, it is in the court for the recovery of damages that the guilt of a person in an accident is established. Documents on an administrative violation are not an admission of guilt; only a court can determine it.

The lawsuit is filed with the court at the place of residence of the defendant (location of the organization, if the defendant is a legal entity). An exception is made for claims for damage to health and loss of a breadwinner - with such requirements, the plaintiff can file a claim at the place of his residence. It is necessary to choose the right defendant, because otherwise you may not get anything, even if you are right. As a co-defendant, the IC of the perpetrator is usually involved when it has not fully compensated for the damage that is within its liability.

How to file a claim

The claim indicates the circumstances of the incident in which the defendant was found guilty, the amount required for compensation, and its justification. A copy of the application is sent to the defendant.

Be sure to indicate attempts to resolve the dispute before the court, attach a copy of the claim and confirmation of sending it to the culprit (for example, documents from the mail). Refusal to pre-trial resolution of the conflict is always taken into account not in favor of the one who refused.

You can claim compensation for all the actual expenses incurred due to the accident. Including costs not covered by the insurance company for car repairs, loss of vehicle value, costs for examinations, a tow truck, and a lawyer. With - the cost of treatment, medicines, rehabilitation, lost earnings.

But each monetary expenditure must be supported by documents proving the need for such expenses and the spent (or estimated) amounts, otherwise the court will refuse to compensate them.

Therefore, all available papers about the accident must be attached to the application, including those issued by the traffic police, documents confirming and justifying expenses (checks, examination results, etc.). Attached is available for download.

State duty

When recovering material damage, a state duty is paid, the amount of which depends on the value of the claim, that is, the amount of all claims. Specific fees for different cases are specified in Art. 333.19 of the Tax Code of the Russian Federation.

State duty is not paid:

• when making demands for compensation survivor's loss and harm to health;
• if the damage was caused by a crime, that is, the culprit is charged under the Criminal Code.

When harm is done by crime

If a criminal case has been initiated against the perpetrator, then compensation for material damage can also be demanded by filing a civil claim as part of the criminal process. The verdict will also contain a decision on the property claim. The court may:

• leave without consideration, then it will be necessary to seek compensation in the usual civil order;
• satisfy the claim, that is, to award compensation from the perpetrator for damages;
• refuse to refund, this usually happens when the damage has already been compensated.

If the defendant disagrees with the requirements

The plaintiff does not always make reasonable demands, and sometimes he himself must compensate for the damage (for example, when). Therefore, the defendant has the right to file an objection (withdrawal) or a counterclaim.

Objection to a claim

An objection is written when the perpetrator believes that the demands made against him are not justified, or their size does not correspond to reality.

Specific arguments need to be chosen depending on the situation. To do this, it is useful to use the services of an experienced lawyer. As arguments in the objection, you can cite:

• plaintiff's lack of evidence the defendant's obligations to him, distortion of information;
• groundlessness, illegality presented claims;
• no fault of the defendant or guilt of the plaintiff;
• fact of damages partially or completely;
• waiver of pre-trial settlement claimant;
• other circumstances(for example, the defendant has a small income, he has a young child, he is a pensioner, etc.).

In litigation, it is very important to legally reasonably skillfully substantiate your point of view, so do not skimp on lawyers. A sample objection sample can be downloaded.

Counterclaim

When the defendant has something to present to the plaintiff, a counterclaim is filed. Thus, in one process, two cases are considered at once. It is drafted in the same way as a regular statement of claim, but is filed as part of the original lawsuit. for download. However, a separate claim may also be made.

If the amount of the defendant's claims does not exceed the amount of claims made against him, then it is possible to ask for a set-off, drawn up through an objection. But it should be borne in mind that obligations for compensation for harm and health cannot be terminated by a counterclaim or offset.

Consider examples. Let one driver file a lawsuit against the second for the recovery of 20 thousand rubles. for property damage, and he filed a counterclaim for 30 thousand rubles. if the court satisfies the claims in full, then the first driver will receive nothing according to the offset, but, on the contrary, he will have to pay, but only 10 thousand rubles.

Now imagine that instead of the first driver, the pedestrian will demand compensation for harm to health for the same 20 thousand. Then, if this and the counterclaim are satisfied, the driver will be obliged to pay the pedestrian 20 thousand rubles, and he, in turn, will have to pay the driver all the 30 thousand he requires.

Outcome of the trial

In case of reconciliation of the parties, the case may be terminated by the decision of the judge, if the opponents come to an agreement between themselves before the end of the trial.

In the event of a positive decision for the plaintiff, the writ of execution is transferred to the bailiffs, who will be directly involved in the recovery material resources from the culprit.

If the claim is denied, justice can be sought on appeal. You can write it within 1 month after the decision in the first instance.

Recovery of compensation under a court decision

But it often happens that the culprit cannot immediately reimburse the entire amount awarded for compensation, simply based on his financial situation. Usually they are awarded to pay some percentage of official income. True, the real income and property of the defendant does not always correspond to the official data.

When responsible for harm - entity It's much easier to get real compensation. Because the company's financial capabilities are more extensive and "official".

Bailiffs are not always conscientious about their duties, so the victim should keep in touch with the bailiffs, monitor how the recovery is going. To show interest in the current financial situation of the culprit and, if necessary, report its improvement to the bailiffs. In case of negligence on the part of employees, complain to the authorities.

Who compensates for material damage if the perpetrator dies

There are situations when the person responsible for the accident dies. And many are at a loss, they do not know from whom to demand compensation now.

First, it is possible to demand compensation in the usual manner from the UK. She is obliged to compensate for the harm caused through the fault of the insured, even if he has already died.

Secondly, if the insurance compensation is not enough, claims should be made against persons who inherited the property of the culprit. From the point of view of lawyers, the obligation to compensate for material damage does not differ from ordinary debt, therefore, just like financial debts, along with property, it is inherited.

Therefore, material damage caused by the deceased person can be claimed from the heirs, but only within the boundaries of the inheritance they received. That is, it is impossible to demand more than the value received by inheritance. It is also worth knowing that only those heirs who accepted the inheritance should compensate for the damage. Moreover, they answer in solidarity, that is, the claim must be brought against everyone at once.

When you can not get reimbursement from the heirs

Only those duties that are directly related to the personality of the perpetrator are not inherited, for example,.

But there is also an alternative point of view, which suggests that the obligation to compensate for any damage caused in an accident is not inherited. It is less common, just know that you can encounter such an opinion.

If the recovery of compensation from the heirs is refused, explaining that the property damage is personal and not inherited, the decision should be appealed to a higher authority. However, it is impossible to give a full guarantee of success, since the vague wording of the Civil Code on this issue can be interpreted quite the opposite.

If the perpetrator fled the scene

Since the obligation to compensate for the damage lies with the culprit, when he is unknown, there is no one to demand compensation from. True, for harm to life and health, you can receive payments from the PCA compensation fund, on the same conditions as from the insurance company for OSAGO.

Therefore, when the tortfeasor is hiding, one can only wish to find him as soon as possible, and then demand compensation from him. Do not forget about the statute of limitations - 3 years for property damage, unlimited - for damage to life and health.

How is the damage compensated in the absence of OSAGO from the culprit

If the car owner has not insured his liability, he must personally compensate for all the damage caused. An exception is made for cases where people have suffered - payments for harm to life and health can be received at the PCA, the rules for receiving are the same as for the “auto-citizenship”.

And for property damage, it is necessary to demand compensation for losses only from the direct tortfeasor. But do not forget that the court will definitely require documents confirming the obligation of the perpetrator to compensate for the damage, so do not neglect formalization accidents in the traffic police and when the culprit is without OSAGO insurance.

When the damage is compensated not only by the culprit

Car owners are obliged to compensate the victims for damage, regardless of their guilt, with the exception of cases of harm to other car owners. That is, in an accident, the driver will be obliged to compensate him for the harm, even when the culprit is a pedestrian. The same applies to injured passengers.

But taking into account the guilt and gross negligence of the victim, the amount payable can be reduced by a court decision, and compensation for property damage is generally denied. Only in the event of loss of a breadwinner and loss of earnings is compensation always paid in full.

At the same time, the mandatory compensation of harm by the driver does not relieve the perpetrator of the accident, even if he is a pedestrian or a passenger, from the obligation to compensate the harm to the victims, including the car owner.

Receipt for compensation for material damage + download sample

When the parties involved in the accident come to an agreement on compensation for harm and fulfill it, their interaction must be formalized. Most often, a receipt for damages is drawn up. It is of two types:

1. spelled culprit, in which he undertakes to compensate for the damage caused. This document is essentially the same as the reimbursement agreement, but the latter is usually more complete, so it should be preferred;
2. written by the victims, indicates the receipt of compensation from the tortfeasor. The most common option.

How to write a receipt

The text of the document states:

• time and place drafting;
• information about participating sides;
• accident circumstances which led to the obligation to compensate for the damage;
• compensation information, its size and method.

It is very important to write a receipt by hand - so it will be easy to establish its authenticity. You should find two witnesses to the drafting of the document. Their personal data and signatures are also recorded in the receipt. It is also useful to have the paper certified by a notary. All this will help to fairly resolve disputes between the injured and the guilty parties, if they arise.

The statute of limitations for property damage

The Civil Code establishes a general period for the recovery of property damage - 3 years. The same period applies to the relationship with the insurer.

But bodily harm has no statute of limitations. Therefore, claims for damage of this kind can be made against the culprit, regardless of how much time has passed since the accident. True, in any case, the tortfeasor will pay no more than for three years.

But the relationship with the insurer can no longer continue three years even when it comes to bodily harm. Therefore, before the end of three years, claims for harm caused to life and health can be made both to the IC and to the person who caused the harm. And then only to the culprit.

Keep in mind that the court accepts cases even after the statute of limitations has expired. Trial can be terminated only on the application of one of the parties that the limitation period has been exceeded.

Arbitrage practice

There are many different solutions to recovering compensation for damage received in an accident. I will pay attention to the two most interesting and difficult, in my opinion, points: recovering from the culprit the compensation that is missing after payment from the UK, and receiving compensation from the heirs.

Full refund - from the perpetrators

On March 10, 2017, the Constitutional Court of the Russian Federation issued Decree No. 6-P, according to which victims can recover from the culprit all damage not covered by insurance, including due to underestimation of payments when calculating: taking into account wear and tear, at average prices.

That is, the victim can expect to receive exactly as much as he spent on restoring the vehicle. True, the judge considering a particular case, if necessary, can reduce the amount to be paid.

Because the unified methodology applies only to relationships arising under an insurance contract, and the culprit and the victim do not conclude an “avtocitizen” agreement between themselves. The same was approved by the Plenum of the Armed Forces of the Russian Federation in its Resolution No. 25, issued in June 2015.

But before the Resolution of the Constitutional Court, the judicial practice on recovering the amount without depreciation from the culprit was ambiguous. Now the victims have one more weighty justification for the legitimacy of the claims against the tortfeasor.

Recovery of compensation from heirs

As I said in the subheading “Who compensates for material damage if the perpetrator dies”, there is no way to recover damages from heirs consensus. But as a rule, property damage is recognized as compensable, but moral damage is not. In support of these words, I will now give a few examples.

Thus, in the decisions of the Tatishchevskiy District Court Saratov region dated 10.10.14 and the Volzhsky District Court ( Volgograd region) of December 16, 2011, it was determined to recover compensation for material damage from the insurer in the amount of the OSAGO limit, and from the heirs of the deceased perpetrator - the missing amount.

The Tatishchevskiy court clearly indicated that liability for material damage is included in the inheritance, and the amount of claims should not exceed the amount of the inheritance. But the payment for non-pecuniary damage was denied, on the grounds that it is connected with the personality of the debtor.

But in the Alatyrsky court (Republic of Chuvashia) on 09/06/13, the victim was denied satisfaction of the claim to the heirs. The judge ruled that inherited debt did not include an obligation to pay damages caused by an accident.

• make sure you have proof the obligation of the second party to the accident to compensate you for the damage. Mainly these are correctly executed documents about the accident;
• collect all documents, indicating expenses due to the incident;
• do not neglect pre-trial settlement;
• contact professional lawyers in difficult cases.

Summing up

• damage must be compensated who caused it;
• OSAGO insurance shifts part of the civil liability of the car owner to the insurance company;
• to receive a refund it is necessary to correctly complete the required paperwork;
• seek compensation from the harmer it is possible both privately and through the court;
• receipt- the most common way of registration of compensation for harm by the culprit;
• compensation for material damage can be obtained from the heirs of the culprit.

Conclusion

Compensation for material damage received in an accident is not as difficult as it might seem at first, but it requires certain actions from the side of the victim. I think after reading this article you will have no difficulty in obtaining compensation.

If not everything is clear - ask in the comments - I will be happy to answer. And also tell your stories related to the topic of the article that will be of interest to others.

Video bonus: 10 cases of tin when meeting a girl.

PS: On the images in the Mazda CX-5 article, I took it here: drive2.ru/r/mazda/1486990.

More on the topic:

Comments on the article: 8

Anna

14.12.2017 | 19:00

To go to court with a demand to the culprit of the accident to compensate for the damage - the difference between the restoration repair without taking into account the wear and tear of parts according to independent technical expertise and the amount of insurance payment - what is needed? Is an Independent Expertise Certificate with an amount sufficient or must there be documents and receipts on the actual expenses incurred for car repairs?

Sergey

19.08.2018 | 00:17

I am the culprit. According to the examination of an independent expert, I was awarded the full compensation for the damage, without taking into account depreciation. I didn't have insurance. The plaintiff, after the court decision, repaired his car and the actual cost of repairs was lower than the amount of payments. Can I somehow reduce the amount of payments in this case? Three months have passed since the court decision.

1. Igor Pischy

   31.12.2018 | 09:43

   Hello Sergey.

   If the data on damages from the conclusion of the examination carried out are legally and technically correct, then it is hardly possible to do anything here, since it is difficult to challenge a court decision based on correct grounds. Of course, you had the right to file an appeal, but its deadline has passed, and there is no point in filing a petition for the restoration of the deadline due to lack of grounds. The fact that the victim was able to repair the vehicle at a lower cost than the compensation determined by the court is not grounds for challenging the court's decision - after all, the compensation was determined in money, and not in kind.

   All the best to you, Sergey.

advocate

Paul

15.02.2019 | 09:41

hello. Tell me the court only relies on autotechnical expertise? A tram on the tram line, which is located in the middle of the carriageway and has an asphalt path for crossing, knocked down to death a woman who was crossing the road along an unregulated pedestrian crossing that, with markings and signs, started from the curb and ended with tram tracks and after the tram tracks continued the same markings. Investigators believe that the intersection of tram tracks, which is located between the crossings, is not a pedestrian crossing, and for the auto expert they raise the question of the possibility of applying emergency braking and preventing a collision with a pedestrian not from the moment the pedestrian entered the roadway from the side of the road, but from the moment the first sign and markings end. the carriageway and the tram tracks begin and the paved path through the tracks, it's just two steps. therefore, two steps before the tracks, the expert believes that the driver had no way to avoid the collision. The traffic police claims that the tram driver is guilty, and the prosecutor's office thinks so, but because of such a statement of the question by the investigators to the expert, the examination considers the opposite. The court will rely on the expertise or on the opinion of the traffic police

If you need to go to court to receive the necessary amount to compensate for damages after an accident, you should study the rules for writing a statement of claim.

Consider what you should pay attention to when compiling such a document and what to reflect in it.

When involved in a traffic accident, the insured driver has the right to count on compensation for an insured event from the insurance company in the amount of up to 120 thousand for OSAGO and up to 160 thousand in case of damage to the vehicle.

If, however, you feel that the payment is unfair, you can file a claim for damages in the event of an accident.

But is it so easy to file a lawsuit? Let's go 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 an agreement was drawn up with one of the participants in the accident.

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

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-insurable 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 non-pecuniary damage after an accident can also be filed.

To an insurance company

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

Often, the UK conducts its own examination of the car, although you have the right to turn to independent appraisers. Then the insurance company must be notified of the place and time of the inspection by such specialists.

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

Let's figure out what to file with the insurance company:

1. Certificate of accident, where all damages are recorded.
2. An administrative plan violation order may be required.
3. Documents that confirm the owner's rights to the vehicle.
4. OSAGO insurance.
5. Requisites bank card(where the payment will be made).
6. A document that reflects the expert's decision on the amount of damage.
7. A certificate that confirms the payment for the services of independent specialists.

A participant in an accident who claims to receive compensation payments must write an application. You can refer to the following sample.

But this is just an example. Legislation Russian Federation There is no prescribed application form. Each insurance company develops its own sample.

An application can be submitted in the following ways:

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

Here is an example of how to write a statement:

Complaint 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 lawsuit 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 claimants.

Filing a claim with 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 act.

The claim must be drawn up in accordance with the norms of the law, in case of 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 claim must include:

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

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

1. Required for . Copies of contracts, acts on the provision of services, 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 was received.
4. For other legal costs (letters, telegrams).

You should attach all the necessary certificates to the claim, which will confirm your innocence:

• documentation received from the traffic police inspector;
• independent expert's report;
• a document stating that a criminal case has not been initiated;
• act from the UK;
• an act that the vehicle was inspected by a specialist;
• conclusion of the person (who is a partner of the insurance company) who assessed 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 requested certificate, file requests in court, where there is a note that they were accepted by the insurer.

What does not need to be written in the statement of claim? Don't give all the details of the accident. Reflect only dry facts:

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

You should not express your emotions in the claim. All information must be presented in a neutral manner. Be consistent in reporting facts.

The application for CASCO differs from the 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. You can recover all other costs from the person responsible for the traffic accident.

The statute of limitations is 3 years. The court will consider the statement of claim within 5 days from the moment it is accepted for proceedings, unless other rules are prescribed by law.

Preparing for an uninsured accident participant

If an uninsured driver is responsible for the accident, the only way to get the amount needed to restore the car is to go to court.

It will be necessary to prepare a request on whether the culprit is solvent. Individuals cannot obtain such information. Such rights are only bailiff, judges, lawyers. This means that you will have to enlist the support of a lawyer.

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

Objection to a 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. An 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 was assessed. The damage is assessed by the insurance company independently. In the event of a conflict between the ist and the UK, the former did not hasten to turn to the defendant.

The guilty person against whom the lawsuit was filed, after reading the case materials, found out that the amount claimed was overstated.

Samples

Let's give some examples.

If you file a claim for damages caused by an accident,
without errors, then you will have a better chance of receiving a reimbursement that the insurance company is so unwilling to pay.

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

Video: Accident damage in COURT, sample statement of claim

:_______________________
(name of organization or
Full name. citizen, address)
THIRD PARTY: ____________________
(full name of the driver, manager
vehicle)
The price of the claim __________________

1) Collect from the defendant (indicate the owner of the car -
name of the organization, or full name citizen) in my favor in
compensation for damage _________ rub. and paid by me under this claim
state duty _________ rub.
2) To secure the claim, to seize the property of the defendant.

Applications:
1. Documents confirming the guilt of the defendant
(for example: traffic police certificate, decision on the imposition of an administrative
penalties, investigator's decision to terminate the criminal case,
judgment, judgment)
2. Documents confirming material damage
(for example: repair cost calculation, loss statement
presentation of the car, acts of inspection of the car, receipt of
payment of costs for drawing up a calculation, a receipt for sending
telegrams to the defendant, etc.) with copies for the defendant and a third party
3. Receipt of payment of state duty
4. Copies of the statement of claim for the defendant and a third party