Sample application for compensation for damages in case of accident. Claim for damages from the perpetrator of the accident

In most cases, filing a lawsuit against the perpetrator of an accident occurs due to his lack of insurance policy OSAGO, which could cover the material damage caused as a result of a car accident. In addition, a statement of claim for compensation for damage caused in an accident is filed if the perpetrator of the accident does not want to voluntarily compensate for the difference in direct damage and the maximum limit on insurance payment.

The issue of compensation for damage caused as a result of an accident is preferable to resolve in a pre-trial order. Firstly, a lawsuit can drag on for six months or even more. Secondly, the plaintiff will certainly have to spend own funds to pay for a lawyer. Moreover, there is no guarantee that the costs associated with the trial will be included in the amount of claims.

If the driver whose actions caused the accident refuses to compensate for the damage, a written claim must be made in his name. Compiling this document is a mandatory step when filing a lawsuit. must be delivered by registered mail. A copy of the claim is included in the list of documents attached to the claim.

Often, the plaintiff in a case for compensation for damage caused in a car accident is not the driver - the owner of the damaged vehicle, and the insurance company, which previously paid compensation to the victim and now requires reimbursement of their expenses by the culprit of the accident. Subrogation under OSAGO from the culprit of the accident is usually collected through the courts. Despite some similarity in the content of the terms, subrogation should not be confused with recourse, since a recourse claim is filed by the insurer of the guilty person, and a subrogation claim is filed by the insurance company of the victim.

Filing a claim

A claim against the perpetrator of an accident for damages should be drawn up only on the basis of an official certificate from the traffic police. The purpose of the claims is to claim material compensation, and not to clarify the causes of the accident. Therefore, at the time of filing a claim, the status of the victim and the perpetrator should already be undeniable.

The statement of claim can be drawn up according to the model or by contacting a lawyer for help. If the fault of the defendant in the commission of an accident is fully proven, there should be no problems when considering a claim. However, this fact does not affect the possibility of recovery. Here, much will depend not only on the positive decision of the court, but also on the work of bailiffs.

In a situation where the perpetrator of the accident was driving someone else's car at the time of its commission, the question may arise of who to file a lawsuit in an accident - the driver or the owner of the vehicle. The answer to it depends on the results of technical expertise. If the cause of the accident was a malfunction of the car, then liability for it technical condition lies with the owner. Accordingly, this can play a key role in determining the main culprit in an accident. At the same time, the unsatisfactory technical condition of the car could not affect the cause of the collision if the accident occurred due to a gross violation of the rules by the driver. traffic. In any case, when determining the defendant, the plaintiff should be guided by the information received from the traffic police. In the vast majority of cases, the claim is filed against the driver of the vehicle.

In which court to sue the culprit in an accident

The lawsuit is filed in a court of general jurisdiction at the location of the defendant. However, there are exceptions to this rule. In particular, according to Article 29 of the Code of Civil Procedure of the Russian Federation, when the plaintiff and the defendant live in different cities or regions, the plaintiff may file a claim at his place of residence if:

the claim is filed on the fact of the death in an accident of the breadwinner of the family;
we are talking about compensation for damage resulting from an injury in an accident;
in addition to pecuniary damage, the plaintiff put forward a claim for non-pecuniary damage.

Thus, having included non-pecuniary damage in the claims, the victim has the right to file a claim with the district court at the place of his registration. If the amount of damage does not exceed 50 thousand rubles, then a lawsuit can be filed with a justice of the peace.

Download Sample

If you wish to independently compose the text of the statement of claim, a citizen can use a sample available for download on our website. Using the information on its pages, you can not only facilitate the preparation of a document, but also significantly speed up the filing of a claim for registration with the court office.

Compilation rules

The general rules for drawing up a statement of claim are specified in Article 131 of the Code of Civil Procedure of the Russian Federation. Given that a claim can be filed not only against the perpetrator of the accident, but also against the insurance company, the text of the document allows for some important nuances that should be noted.

Claim against the culprit

A statement of claim for the recovery of damages in case of an accident from the culprit without an OSAGO policy is drawn up in the following form:

the name of the court;
FULL NAME. the plaintiff, his address of residence and contact details (telephone);
FULL NAME. defendant, address and telephone number;
FULL NAME. or the names of the co-respondents (if any), including addresses (of residence or legal) and contact numbers;
description of the circumstances of the accident, its causes and consequences;
description of the results of an independent automotive technical expertise;
enumeration of evidence or facts that testify to the unwillingness of the defendant to compensate for the damage caused by him on a voluntary basis;
the amount of claims;
list of documents attached to the claim;
personal signature and date.

Approximately in a similar manner, a claim is made by the insurance company against the perpetrator of the accident in the order of subrogation. The only difference is that the insurer includes in the text of the statement of claim information substantiating the right to recover material compensation from the defendant due to violation of the terms of the insurance contract.

The recourse claim of the insurance company against the perpetrator of the accident differs from subrogation in that it is filed against the driver - the owner of the policy that was issued by the plaintiff. Subrogation, on the other hand, involves filing a claim by the insurer against the driver who did not conclude an insurance contract with the plaintiff, but is guilty of an accident.

Thus, recourse implies a claim for reimbursement of money from a driver who violated the terms of an insurance contract, and subrogation involves a claim for reimbursement of money from a driver who did not issue an OSAGO policy with an insurer. , then the claim is filed with the requirement of direct compensation for damages.

To the insurance company

Along with a claim against the driver involved in an accident, claims may also be brought against the insurance company itself. As a rule, this happens if the insurer unreasonably refuses to pay compensation or underestimates the amount of payment.

The form of filing a claim against an insurance company does not differ from a civil statement of claim, with the exception of listing the circumstances that indicate a violation by the defendant of the norms of the current insurance legislation. Main normative act, which the plaintiff must rely on when drawing up a claim, is the OSAGO Law.

Sentencing by the court

Registration of a statement of claim in court requires the obligatory provision of a copy of the claim to the defendant. Before the start of the trial, the defendant has the right to file a written objection on the merits of the charges against him. If the defendant decided to defend himself in court on his own, for this it is better to use the sample objection to the statement of claim for compensation for damages in an accident.

Participants in an accident compensation case should note that it will take several weeks for their submissions to be reviewed. The appointment of the date of the preliminary court hearing is also affected by the workload of the judge's schedule. Consideration of the case on the merits and debate of the parties in the courtroom may take place during one session. If one of the parties filed a motion to call witnesses or a request additional materials case, the number of court hearings may increase.

The decision of the court on an accident comes into force after the observance of the term of appeal. According to Article 321 of the Code of Civil Procedure of the Russian Federation, a participant in the process, regardless of his status, has 30 days to file a complaint with a higher court. This opportunity is given to the plaintiff and the defendant. Witnesses in the case cannot appeal for damages in an accident.

Important Points

Before filing a claim for damages as a result of an accident, the victim should consider the following details.

A statement of claim demanding compensation for moral damage is not subject to state duty. The amount of the state duty must be included in the price of the claim.
The amount of claims in the case of compensation for damage in an accident may include the services of an expert, a lawyer and a tow truck.
If the culprit of the accident does not have insurance, then a claim can be filed within the limitation period - up to 3 years from the date of the accident.
Consideration of the statement of claim must be started within 5 days after its filing with the court.

What is the status of damages?

As practice shows, it has some features that, on the one hand, make it easier to obtain monetary compensation, and on the other hand, do not cover the actual losses incurred as a result of the accident. In particular, reimbursement limits of 400 thousand rubles do not always realistically correspond to the amount that the car owner will have to spend on restoring it.

As a consequence, in addition to obtaining insurance, the victim is forced to file a claim demanding direct compensation for the difference between the coverage of the policy and the actual damage.

Another important nuance related to obtaining compensation for damage after an accident, consists in the difficulty of claiming all compensation appointed by the court from a citizen who does not have the means to comply with a court decision. Sometimes this stretches the recovery of compensation for several years.

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, 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 indemnity is not enough to fully compensate for the harm caused, compensate for 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 federal law dated 25.04.2002 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”

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. Claim for recovery of damage caused as a result of an accident (in the absence of an insurance policy from the guilty party) _________________________ at _________________________ there was a traffic accident, as a result of which the driver _________________________, driving a car _________________________, owned by _________________________, collided with a car _________________________ owned by _________________________. The driver _________________________ violated paragraph _________________________ of the Rules of the Road, according to which _____________________________. 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 of the Federal Law of 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, insure the risk of their civil liability, which may occur as a result of damage 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 harm is imposed on a legal entity or citizen who owns a source of increased danger on the basis of ownership, the right of economic management or the right of operational management or on another legal basis (on the right of lease, by proxy for the right to drive a vehicle, by virtue of an order of the relevant authority on the transfer of a source of increased danger to him, etc.). 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 _________________________ _________________________ _________________________

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 payments can only be made 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:

mutual voluntary agreement;
pre-trial claim;
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 drawn up in the same way as a regular statement of claim, but is filed as part of the original litigation. 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 the person responsible for the harm is a legal entity, it is much easier to receive real compensation. Because the company's financial capabilities are more extensive and "official".

Not always bailiffs conscientiously relate to their duties, therefore, the victim should maintain communication with the bailiffs, monitor how the recovery is going on. 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:

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;
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. Litigation may be terminated only upon the application of one of the parties that the statute of limitations 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.

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.

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

of the Civil Code of the Russian Federation), the injured party makes claims to the culprit, having previously assessed this damage with the help of specialists.

The perpetrator of a road traffic accident (RTA) is obliged to compensate for the damage if:

the limit of the insurance payment was not enough or the payment was partial (only for the restoration of the car). The missing part is reimbursed from personal funds;
the insurance company of the culprit of the accident refused to compensate for the damage (not an insured event), or he did not have an OSAGO agreement. The culprit pays for the damage in full.

"Peaceful" way

The agreement of the victim with the perpetrator of the accident to pay compensation without going to court is quite legal, but it is important to fix all the conditions in writing.

Before starting negotiations with the person responsible for the accident, the victim must

receive documents from the traffic police and a response from the insurance company (refusal of insurance payment or payment, significantly less than the amount of actual damage);
make an independent examination of the damaged car.

information about the accident and the damaged car;
data of the culprit of the accident and the victim;
results of an independent examination;
the total amount of losses;
information about the insurance payment and the difference between the insurance indemnity and the actual amount of damage (if the OSAGO policy works);
the amount that must be paid in order to remove all the claims of the victim;
term and form of payment (in cash or to a bank account).

Copies of the following are attached to the pre-trial claim:

act on the insured event;
information about the accident; resolution, protocol on the case of an administrative offense;
telegrams with a call to inspect the car for an independent examination;
report of an independent examination;
checks and receipts, as well as contracts for expenses associated with an accident.

Sent by registered mail with an inventory and acknowledgment of receipt, or handed over personally against signature on receipt.

legal action

In the event that the culprit of the accident refuses to compensate for the damage on a voluntary basis, the victim has the right to apply to the court - world or district, depending on the amount of damage (the district court considers the case if the damage caused is more than 50 thousand rubles).

The lawsuit is filed with the court at the place of residence of the perpetrator of the accident. The statement of claim describes the events on the basis of which it is required to recover damages, with the obligatory indication of the norms of laws that give the right to this.
The damage is confirmed by documents (expertise, certificates, calculations, traffic police report, etc.).
A state fee is paid (its amount depends on the amount of the claim).
In preparation and at the hearing, you may need the help of a lawyer who can competently appeal to the norms of laws and give examples from judicial practice.

ON A NOTE! The cost of a lawyer's services, the amount of the state fee, the cost of an independent assessment of the damage and other expenses necessary for the conduct of the trial are included in the final amount of damage, which must be compensated by the perpetrator by a court decision.

Video: Recovery of damages from the culprit of an accident

Not the victim himself, but the insurer can demand compensation for damage from the culprit of the accident, to which the right of claim passes, after the payment of insurance compensation to the victim under a hull insurance agreement (subrogation, Article 965 of the Civil Code of the Russian Federation).

Damage assessment

Damage assessment "by iron" is carried out with the involvement of a specialist appraiser.

IMPORTANT! Before inspecting the affected car, the person responsible for the accident and his insurance company (if any) are notified of the date and place of the assessment. Personally against receipt or by registered telegram with acknowledgment of receipt (a copy of the telegram is certified by telegraph). 3-6 working days before the scheduled inspection (the period depends on the addressee's location).

Documents required

Passport of the citizen ordering the assessment (for drawing up a contract for the provision of services).
Passport of the vehicle (TC), certificate of registration of the vehicle.
If the car was under warranty service, a service book with the appropriate marks will come in handy.
Certificate (or copy) of the accident from the traffic police (indicating the damage to the car).
The act (or copy) of the previous inspection, if the examination has already been carried out (for example, by an insurance company that underestimated payments), with the application of the calculations made then.

IMPORTANT! According to Article 12.1 of the current version of the Federal Law of April 25, 2002 N 40-FZ "On Compulsory Insurance of Civil Liability of Vehicle Owners", an independent appraisal examination is carried out according to the uniform rules established by the "Regulations on the rules for conducting an independent technical examination of a vehicle" (approved by the Bank Russia 19.09.2014 N 433-P).

To assess the damage within the framework of OSAGO, a specially developed unified methodology for determining the amount of expenses for the restoration of a car is used.
An independent examination should only be carried out by an expert technician included in the unified register of the Ministry of Justice of the Russian Federation.

Since October 2014, damage assessment for filing a claim against the perpetrator of the accident can take place in a “simplified procedure”. The victim has the right to independently choose a method for calculating the amount of damage caused in connection with damage to his vehicle, most often on the basis of an estimate of repair and restoration work. The estimate is compiled by the victim himself or in a repair shop. To justify the estimate, checks, extracts, certificates from car dealerships and organizations specializing in the sale of spare parts and repairs are used.

After evaluation, a

The act of inspection, on the basis of which the cost of repair and loss of the commodity value of the car is calculated. The act is signed by the expert and both parties (the culprit of the accident and the victim). If the culprit of the accident did not appear, despite the timely notification, a corresponding note is made in the act about this.
Attached to the inspection report is a photograph of the car taken on the day of the inspection.
After the calculations, a report (expert opinion) is prepared using a unified methodology established by the Bank of Russia.
Documents are filed in a folder, certified with a seal and transferred to the customer.

Health hazard assessment

When compensating for harm caused to health, the damage is recovered like any other compensation, with the determination of the amount equal to the costs accompanying the treatment (doctor's appointments, rehabilitation, medicines, etc.). To confirm these expenses, medical certificates, an extract from the medical history, the conclusion of a forensic medical examination (indicating the severity of the injuries received), and a medical examination report are provided. You can also claim compensation for lost earnings during the period of disability.

Moral damage assessment

The amount of moral damage is determined during the trial and is not included in the amount of the claim, and is not subject to duty. Recovered in case of harm to life and health by a car, regardless of the driver's guilt (Article 1100, clause 1 and Article 1079 of the Civil Code of the Russian Federation). In the event of the death of the victim, close relatives may demand compensation for non-pecuniary damage.

The perpetrator of the accident compensates for the damage caused to the victim, voluntarily or by a court decision. The victim will have to be persistent and seek the help of a lawyer. At the same time, he will not be able to increase the value of the old car by repairing it with new parts at the expense of the culprit of the accident, since the depreciation of the car is taken into account when assessing the damage. But you can get compensation for non-pecuniary damage and all expenses incurred during the trial. Irreplaceable will remain only the time and nerves spent.