Sample claim for damages by the perpetrator of an accident. Claim against an insurance company for damages in an accident

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

The OSAGO insurance policy is intended to help the perpetrators of an accident in compensating for damage, however, in practice, situations often arise when it is not possible. In this case, it remains only to file a claim against the violator and the perpetrator of the accident.

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

Does it make sense to file a claim?

In most cases, the cost of restoring the car or treatment after an accident to the injured party is paid by the insurance company. In the future, she can recover her expenses from the person responsible for the traffic accident through the courts.

Sometimes the injured party has the right to file a lawsuit to recover material or moral damage on their own. In what cases is this possible?

The insurance organization paid out the insurance to the victim, but it not enough for a complete car repair. In some situations, even the maximum limited insurance payment is not enough for repairs;
Both drivers, the victim and the perpetrator of the accident, . If at least one of the parties has a policy, then questions on payments are resolved through an insurance company;
The culprit of the accident is not the driver, but another person, such as a pedestrian;
The victim wishes recover moral damages from the person responsible for the accident.

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

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

When a pedestrian is the culprit of the accident, there is no need to expect payments from the insurance company (since pedestrians do just fine without OSAGO insurance). In this situation, the only way to receive compensation will be filing an application with a magistrate or district court, where it is necessary to prove the guilt of the pedestrian with the help of written evidence, records from street cameras, photographs or testimonies.

Filing a pre-trial claim

Before filing a claim, you should try to resolve the case amicably, by drawing up a claim to the culprit of the traffic accident for damages. To do this, even at the scene of the accident, the injured party should write down the personal data of the person responsible for the accident(full name, address of registration, contact details), in order to send a number of documents to his name.

The pre-trial claim indicates the reasonable amount for damages and the requirement to repay it within the established time limits. The total amount of losses incurred consists of the actual damage to the car specified in the act of independent examination, as well as the costs of the victim for the services of lawyers, transportation and storage of the car (related costs). The amount of damages may also include non-pecuniary damage.

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

What should the claim contain?

Proper filing of a claim is the key to a successful dispute resolution. . It makes sense to entrust its writing to a competent lawyer, and ask the defendant to lay the costs of such services in the lawsuit. Several samples of such claims can be downloaded from the link at the end of our article.

What must be included in a claim?

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

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

List of documents attached to the claim

You can ask your insurer, a court employee or a lawyer about what documents are needed to submit along with the claim.

Mandatory documents required for any case include:

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

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

What to do after filing a claim?

After filing a claim and collecting required documents should be referred to a magistrate or district court. A magistrate judge considers cases with a claim amount of less than 50 thousand rubles, a district judge - more than 50 thousand. The claim must be filed at the address where the person responsible for the accident lives. Before filing a claim, it is necessary to pay a state fee, the amount of which depends on the amount of claims, and attach a receipt for its payment to other documents. The term for consideration of a statement of claim in the district court is 2 months, in the world court - 1 month.

Conducting an independent examination

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

Before the examination, it is necessary to warn the perpetrator of the accident and the insurance company about the place and date of the examination, 3-6 working days in advance (in person against receipt or by letter with return receipt).

Some documents will be required for the examination of the damage assessment:

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

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

Claim Forms

As a result

In order for the trial to be successful, it is necessary to behave correctly even at the stage of drawing up a protocol on an accident. The traffic police inspector should be asked to indicate in the protocol the features of the scene as detailed as possible, including the location of cars, the presence of road markings, road signs and traffic lights, weather and lighting levels, road conditions and brake data. It is useful to make an independent inspection of the car of the culprit of the accident, this will help to more convincingly prove the guilt of the defendant in court.

You need to defend your rights, especially when you are the injured party in an accident that happened. Seek full compensation from the person responsible for the accident. Prepare a statement of claim for compensation for damage caused by an accident, include a clause on non-pecuniary damage in it and send it to the judicial authorities. According to the OSAGO law, the damage incurred will be paid at the expense of the insurance company responsible for the accident. Despite this, without proper preparation, it will not be easy to achieve a positive decision. And sometimes you even have to directly sue the one who caused the accident. Such a measure will be required:

when the insurer paid the funds to the victim in an accident not in full;
if the car was damaged not while driving on the road, but during parking;
required, such a requirement may be additional in case of compensation for other damages;
the insurance company refused to pay at all, and it was not possible to appeal this decision;
when the person responsible for the accident has expired the insurance contract or did not conclude it at all.

There is also a rule according to which it is impossible to make demands on the driver who caused the collision. If the official owner of the car is any organization, then the management of this company will compensate for the losses. A similar situation develops for transport managers by proxy. In this case, you will have to collect funds from the owner of the car with whom the insurance contract has been concluded. And after that, the company or another owner of the car will present a claim for compensation to the direct driver and the person responsible for the accident. This is done by filing a lawsuit in court.

Pre-trial procedure for damages

Initially, it is worth trying to negotiate voluntary payments. But if the participant in the accident refuses to pay, you should act in two legal ways:

Submission of a written claim to cover the costs of eliminating the consequences of the accident.
Direction with the same requirement.

These measures are applied sequentially. Although you can directly file a petition with the court, but if you go through the pre-trial procedure, the chances of satisfying the claim increase. Also, the claim procedure is mandatory when it comes to resolving such difficulties with the insurer. Before looking for a sample car accident damage claim and then filing it with the district court, try filing a claim. Usually, drivers who have caused an accident ignore the appeals of the second party, so the fact of filing a letter must be recorded. There are other features of the pre-trial settlement of the situation:

state all requirements and other information clearly so that your intentions are immediately clear;
describe in detail the traffic accident that caused the loss;
explain why the other party should contribute funds to cover the cost of restoring the machine;
it is still necessary to justify why this particular person should make payments;
avoid emotional retreats, threats or rude remarks against the person responsible for the accident;
describe in detail the damage received, including hidden breakdowns, supporting the information with the appropriate document;
state the amount required for payment, and also write down what it consists of (repair cost, expenses for storage and evacuation of the car, etc.).

Any attached documents must be copied and certified by a notary (originals remain with you). To process a claim, you may need to:

documentary evidence of the fact of the accident;
results of the damage assessment expertise;
invoices for repairs and other expenses;
proof of car ownership, etc.

The claim must be sent to the address where the person responsible for the accident lives. It is better to send the document by registered mail with acknowledgment of receipt and an inventory of enclosed papers. Although you can hand it through a courier, under the signature.

What else should be written in the claim?

when and where the accident took place;
what is the nature of the collision, and under what conditions did it occur;
which cars were involved in the accident (make, model and registration plate data);
who owns these cars, and who was driving at the time of the accident;
what kind traffic violations or other circumstances caused the accident;
why exactly the addressee of the claim is the culprit of the collision;
what confirms the guilt of the person indicated in the appeal;
why the injured party did not receive compensation.

Like a claim for damages caused by an accident, the claim must contain the amount of the expected payments. It is necessary to describe in detail where these amounts came from, backing up the calculations with links to documents. Further, it should be proposed to resolve the situation peacefully, without recourse to the judiciary. After that, indicate the period during which a certain amount must be paid (as a rule, two weeks are appointed). Do not forget to provide the details of the account to which the money should be transferred.

It is worth describing other possibilities, because the culprit of the accident may have difficulties with a one-time transfer of funds. Therefore, indicate your contact phone number, by which the second party can contact you, agreeing on a different payment procedure. It should also be mentioned that in case of non-fulfillment of the requirements stated by the claim, you will file a petition with the court. And this promises additional costs that will be recovered from the defendant. As in the case of a claim, the attached documents are listed in the final part, the date and signature of the applicant are put.

What to do if the claim did not help?

Wait for the expiration of the period specified in the claim for compensation of damages. If the perpetrator of the accident did not try to pay the amount indicated in the claim, and did not declare his intentions in any way,. In order for it to be accepted for consideration, it is necessary that no more than three years have passed since the accident, and the petition itself complies with the requirements of the law. However, in this case it is better. He will help with the claim, claim and represent your interests in court.

How to file a complaint with the judiciary?

When drawing up a petition, one should be guided by some rules that are stipulated by law or reflected in judicial practice:

Both the owner of the car and the driver who was driving at the time of the accident can act as a defendant.
If the perpetrator of the accident dies, the heir of this person is appointed as the defendant.
This is sent, located in the same area or city where the defendant lives.
When several defendants are declared in the appeal, it can be submitted to any branch of the court, at the place of residence of one of them.
If the price of the claim is more than fifty thousand rubles, it must be sent to the district office, if it is lower, to the magistrate's court.
It is allowed to submit one petition from several plaintiffs, the main thing is that the necessary information is reflected in it.
In the sample statement of claim for compensation for damage caused by an accident, add information about the pre-trial activities carried out by the plaintiff.

Do not forget to attach a mandatory package of documents to the application, including papers from the traffic police, indicating an accident, the results of an examination, receipts from repair shops and others.

What types of damages can be compensated during the trial?

According to the law, only those funds that are directly related to the traffic accident can be recovered from the defendant. These include:

money actually spent on elimination of the consequences of the accident;
payment of planned expenses (for future repairs, which will need to be further assessed);
if the car is damaged so much that it is impossible to restore it, the cost of the car is reimbursed;
it is also worth claiming compensation for the damage that was caused to health, as well as non-pecuniary damage.

All amounts are carefully calculated, because. in court, objections may arise on them, and the defendant is entitled to present his own assessment. The judge may also order an examination if there are doubts about the adequacy of the calculations. Therefore, in order not to delay the proceedings, try to indicate the real amounts. If it is necessary to claim the amount underpaid by the insurance organization from the culprit of the accident, then the cost of the claim will be equal to it.

What are the features of the case?

If the claim is drawn up without errors, the necessary evidence is available and the court is correctly determined, after its consideration, the date of the meeting is set. Initially, the judge will simply talk with the parties to the proceedings, finding out the availability of the necessary papers and facts stated in the appeal. After that, the case will be considered on the merits. In some cases, it is possible to issue a decision without the participation of the defendant. When it comes into force, you must contact the service bailiffs located in the same city or district where the defendant lives. They will be collecting funds.

However, in reality, things may not be so simple. Even if the claim for damages caused by an accident is satisfied, the defendant may not have the required amount to pay. There are many reasons: a person has been unemployed for a long time, pays alimony, has loans, and so on. Therefore, it is necessary to carefully control enforcement proceedings regularly meet with the bailiff, motivating him to collect funds. The situation is much simpler with the defendants, which are state-owned or other enterprises. In this case, the required amount is simply debited from the company's account.

Sometimes the perpetrator of an accident can be held criminally liable. A similar measure is applied when the victim in the accident was injured, suffered serious or death. In addition to criminal proceedings, it is possible to file a civil claim for compensation. His fate will depend on the applicant himself:

if sufficient grounds for satisfying the claims are not indicated, it will be left without consideration;
when the amount of compensation is not fully justified, it will also not be considered;
if the necessary evidence is collected and the price of the application is confirmed, the application will be granted;
the refusal is also made when the required amount has already been received by the plaintiff at the pre-trial stage or otherwise.

In addition to material payments, the victim has the right to demand compensation for harm caused to health. If only such a requirement is stated by an application, the state fee is not paid. However, in this case, you will have to submit documentary evidence to the court in the form of:

medical extracts proving the terms of treatment;
certificates in which the diagnosis is recorded;
the conclusion of the attending doctor about the injuries received, etc.

When the victim died as a result of an accident, the claim is filed by another person - a relative or spouse. The plaintiff is appointed by the investigator. There are other features of the case, which are better to learn from a qualified lawyer. He will also help with the development of the petition and representation in the judiciary. And remember that the outcome of the entire proceedings depends on how competently and professionally the claim is drawn up, how accurately the documents confirming the plaintiff's arguments are drawn up.

What should be included in the application to the court?

If you are unable to find an experienced representative, download a sample auto accident claim form online and edit it to fit your needs. It will not be possible to find a universal model, because a lot depends on the characteristics of a particular situation. But there are certain provisions that must be in every lawsuit. The application begins with the name of the judicial body to which the appeal is filed. In this case, the number of the site and its exact address are reported.

Next, you need to write down information about the plaintiff and the defendant (name, address, phone numbers and other contact information) and name the cost of the claim. Then the name of the document is indicated and you can proceed to the descriptive part:

state the date of the traffic accident (if possible, indicate the exact time of the accident);
information will be required on which section of the road the accident occurred (address, number of kilometers of the route, other characteristic features);
name the make and model of the vehicle responsible for the accident, as well as its registration number;
you will also need the name of your car if we are talking about a collision between two Vehicle;
when the driver hit a pedestrian, it should be reported what damage was caused;
similar information is indicated about the car (dents, broken windows, breakdown of the chassis, etc.);
often motorcycle owners receive both bodily injuries and their transport suffers;
refer to being in a medical institution, confirming this fact with the relevant extracts from the hospital;
if a car or other equipment is disabled as a result of an accident, tell us about it in the claim;
when other persons involved in the claim were injured in the incident, it will be necessary to describe their injuries, indicate in the first part of the application as third parties or additional plaintiffs;
how, according to the report of the inspector and the testimonies of witnesses, the accident occurred, and how this proves the guilt of the defendant;
what measures were taken to resolve the situation at the pre-trial stage (refer to the results of the submitted claim attached to the claim);
whether any payments were made by the insurance company, and if so, please indicate their amount;
why the insurer did not pay the full amount of compensation, and what type of policy the person responsible for the accident had.

If there is other information relevant to the situation at hand that you would like to share, please provide details. After that, you need to list references to the legislative norms governing these legal relations. Basically, these will be references to civil law, the Code of Civil Procedure, the Code of Administrative Offenses and other laws.

Then, in the statement of claim for compensation for damage caused by an accident, the cost of the damages caused should be prescribed. This concept includes the costs of repair and restoration of the vehicle, the cost of treatment, disability, loss of work due to being on sick leave and other expenses. All amounts must be carefully calculated, confirmed by documents from a medical institution, service center where the repair was carried out, the insurance company and other organizations.

Refer to the rule requiring the court to consider the degree of guilt of the defendant and the amount of suffering suffered. And in connection with the latter, indicate that you need to compensate for non-pecuniary damage (prescribe the exact amount). The amount of such compensation should be consulted with a practicing lawyer in advance.

How to properly file a claim?

First of all, it is necessary to indicate to which person it is necessary to assign the obligation to compensate for the harm. Usually this is the person who was driving at the time of the accident and is now the defendant in the case. The claims should once again clearly and briefly describe what funds should be recovered from the second party to the proceedings. Also briefly state the amounts to be transferred to the plaintiff's account.

Do not forget to describe for what act or harm caused this or that amount. Everything must be justified and backed up by legislation. Other penalties should include the costs of paying the state fee, conducting an appraisal examination before or during the trial, and other costs related to proving the defendant's guilt or committing a certain act (collision or collision with a pedestrian). When all requirements are stated, proceed to listing the list of attached documents.

What paperwork is required to satisfy the claim?

The list of documentation as a whole is similar to the one that had to be collected for filing along with a claim at the pre-trial stage. It includes:

Copies of the petition, according to the number of participants in the proceedings.
Confirmation of payment of the state fee (the receipt is attached in the original).
A certificate from a medical institution proving that you have been on treatment for a certain period of time.
An extract from the medical record, which reports the severity of the injuries and the consequences to which they led.
A protocol drawn up at the scene of the accident by a representative of the traffic police (if an administrative proceeding was carried out, its results should also be attached).
The results of communication with the insurance company and the amounts paid by the insurer.
The answer of the second party to the claim sent at the pre-trial stage, or confirmation of attempts to peacefully resolve the situation.
Documents from the service center that carried out the repair of a car or other vehicle, indicating the cost of the work.
Other papers that can influence the move judicial trial(testimonies of witnesses, the results of the examination, etc.).

Copies of all documents must be made and certified by a notary. Or take the originals with you to the meeting to check them with copies. If you are applying to the court through a representative, attach a properly executed power of attorney. After the list of attached papers, the signature and date of circulation are put.

B _________________________ Plaintiff: _________________________ Third parties on the side of the plaintiff: _____________________________ RESPONDENT: _________________________ Third parties on the side of the defendant: _________________________ Price of the claim: _________________________ rub. State duty: _________________________ rub. Statement of claim on the recovery of damage caused as a result of an accident (in the absence of insurance policy at the guilty party) _________________________ at the address _________________________ there was a traffic accident, as a result of which the driver _________________________, driving the car _________________________, owned by _________________________, collided with the car _________________________, owned by _________________________. The driver _________________________ violated paragraph _________________________ of the Rules traffic, Whereby _________________________. The guilt of the driver _________________________ in the commission of an accident has been established and confirmed by the following documents _____________________________. According to Resolution No. _________________________ dated _________________________, issued by _________________________, the driver _____________________________ was brought to administrative responsibility for committing an offense under Article _________________________ of the Code of Administrative Offenses of the Russian Federation. As a result of a traffic accident, the car _________________________, owned by _____________________________ on the right of ownership, received the following technical damage _________________________. According to paragraph 1 of article 4 federal law dated April 25, 2002 N 40-FZ "On compulsory insurance of civil liability of vehicle owners", vehicle owners are obliged, on the terms and in the manner established by this Federal Law and in accordance with it, to insure the risk of their civil liability, which may occur due to causing harm to life, health or property of other persons when using vehicles. The liability insurance obligation applies to owners of all vehicles used in the territory Russian Federation vehicles, with the exception of cases provided for in clauses 3, 4, article 4 of the said Law. However, the driver _________________________, guilty of the traffic accident, does not have an insurance policy. By virtue of paragraph 6 of Article 4 of the Federal Law of April 25, 2002 N 40-FZ "On Compulsory Insurance of Civil Liability of Vehicle Owners", owners of vehicles whose liability risk is not insured in the form of compulsory and (or) voluntary insurance, compensate for harm caused to the life, health or property of the victims, in accordance with civil law. In this case, the harm caused to the life or health of the victims is subject to compensation in an amount not less than the amount determined in accordance with Article 12 of this Federal Law and according to the rules of this article. According to paragraph 1 of Article 1064 of the Civil Code of the Russian Federation, harm caused to the person or property of a citizen is subject to compensation in full by the person who caused the harm. By virtue of clause 1 of Article 1079 of the Civil Code of the Russian Federation, legal entities and citizens whose activities are associated with increased danger to others (use of vehicles, mechanisms, etc.) are obliged to compensate for the harm caused by a source of increased danger, unless they prove that the harm arose as a result of force majeure or the intent of the victim. In this case, the obligation to compensate for damages rests with entity or a citizen who owns a source of increased danger on the basis of the right of ownership, the right of economic management or the right of operational management, or on another legal basis (on the right of lease, under a power of attorney for the right to drive a vehicle, by virtue of an order from the relevant authority to transfer a source of increased danger to him, etc. .P.). In accordance with Article 15 of the Civil Code of the Russian Federation, a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or the contract provides for compensation for losses in a smaller amount. Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (actual damage), as well as lost income that this person would have received if normal conditions civil turnover, if his right had not been violated (lost profit). According to the calculation attached to the statement of claim, the restoration repair of the car _____________________________, owned by the plaintiff _____________________________, is _________________________ rubles, of which the cost of replaced parts and materials used, taking into account wear and tear, is _________________________ rubles, the cost of repair work is _________________________ rubles. According to _________________________, the car _________________________, owned by the plaintiff _____________________________, as a result of an accident lost its presentation by _________________________%, which is _________________________ rub. from its original cost. The total amount of material damage caused is _________________________ rub. Thus, the defendant _________________________ must recover in favor of the plaintiff _____________________________ the damage caused as a result of an accident, in the amount of _________________________ rubles. In connection with the appeal to the court, the plaintiff incurred court costs in the form of a state duty in the amount of _________________________ RUB. According to Articles 88, 98 of the Code of Civil Procedure, the court awards the party in whose favor the court decision was made to reimburse all court expenses incurred in the case on the other side. Thus it is from the defendant in favor of the plaintiff it is necessary to recover legal costs in the amount of _________________________ RUB. No provisional measures are required for the claim. Based on the foregoing, guided by Articles 15, 1064, 1079 of the Civil Code of the Russian Federation, I ask: To recover from the defendant _________________________ in favor of the plaintiff _________________________ the cost of restoring the car _________________________, damaged as a result of a traffic accident, in the amount of _________________________ rub. To collect from the defendant _________________________ in favor of the plaintiff _________________________ court costs for the payment of state duty in the amount of _________________________ RUB. Attachment: 1. Copy of the statement of claim 2. Receipt of payment of the state duty 3. Calculation of the cost of restoration repairs 4. Certificate of an accident issued by the traffic police 5. Copy of the decision to bring to administrative responsibility. 6. Documents confirming the cost of restoration repairs _________________________ 7. Technical passport of the vehicle owned by the plaintiff _____________________________. Claimant _________________________ _________________________ _________________________

02.01.2019

Download a claim for compensation for damage in an accident, a sample application for compensation for damage as a result of an accident from an insurance company and the perpetrator of the accident, taking into account recent changes current legislation.

In order to competently draw up a statement of claim for compensation for damage in an accident, we recommend that you read:

Sample letter of claim for damages in an accident

AT _______________________________
(name of court)
Plaintiff: ___________________________
(full name, address)
(Name insurance
companies complete , address)
Respondent: _________________________
(Full name, address of the person responsible for the accident)
Third parties: _______________________
(full name, address)
_________________________
(full amount of claims)

Claim for damages in an accident

"___" ___ ___ at the address _________ there was an accident, as a result of which the driver _________ (full name), driving a car _________ (brand, state number), owned by _________ (full name) collided with a car _________ (brand, state . number), owned by _________ (full name), managed by _________ (full name).

The culprit of the accident is the driver _________ (full name), who violated paragraph ___ of the traffic rules, according to which _________.
The second party to the accident is not at fault. As a result of an accident, my car received the following damage _________ (list from the accident certificate).

After the accident, I contacted insurance company _________ (full name), where the civil liability of the tortfeasor is insured. The insurance company paid me insurance compensation in the amount of _______ rubles. I do not agree with the specified amount of compensation, when contacting the service station, I was asked to pay _______ rubles, which is _______ rubles. more than paid by the insurance company.

In accordance with Article 1072 of the Civil Code of the Russian Federation, a legal entity or a citizen who has insured their liability in the form of voluntary or compulsory insurance in favor of the victim (Article 931, paragraph 1 of Article 935), in the event that the insurance compensation is insufficient to fully compensate for the harm caused , reimburse the difference between the insurance indemnity and the actual amount of damage. Since the amount of damage caused exceeds 120,000 rubles, which the insurance company must pay me, the difference is subject to recovery from the culprit of the accident, according to the following calculation, the amount of damage is _______ rubles. - 120,000 rubles. = _______ rub.

Since the insurance company incorrectly determined the amount of insurance compensation, I do not agree with the conclusion of the examination conducted by the insurance company car accident.

Based on the foregoing, guided by Article 13 of the Federal Law of April 25, 2002 N 40-FZ “On Compulsory Insurance of Civil Liability of Vehicle Owners”, Articles 1064, 1072, 1079 of the Civil Code of the Russian Federation, Articles 131-132 of the Civil Procedure Code of the Russian Federation,

Collect in my favor from the insurance company _________ (full name) insurance compensation in the amount of _______ rubles.
To recover in my favor from _________ (full name of the harmer) on account of the damage caused _______ rubles.

Petition:

I ask you to appoint a forensic examination on the case, which should be entrusted to _________ (name of the expert institution), to determine the actual cost of damage caused to the car _________ (make, registration number of the car), as a result of an accident that occurred "___" __________ ____.

List of documents attached to the application (copies according to the number of persons participating in the case):

Copies of the claim
Document confirming payment
Copy of vehicle passport
Certificate of accident issued by the traffic police
Documents confirming the transfer of the amount of money by the insurance company (bank statement)
Documents confirming the amount of damage
Documents confirming the guilt of the defendant (if issued, a decision in the case of an administrative violation)

Date of application "___" __________ ____ Signature of the claimant _______

Download sample application:

62 comments to “ Claim for damages in an accident”