Pre-trial claim - a document sent to a potential defendant to resolve a dispute without involving a court. In our country, unfortunately, this document is not so much a means of solving the problem, but a stepping stone to the start of the court case.
Where does it all begin
As a result of an accident, an obligation arises for the insurance company to pay compensation. Naturally, she has no desire to pay, considerable efforts are made to delay this moment. And people are forced to pursue their own in court.
Pre-trial claim is an integral part of the arbitration process. In the case of insurance companies, the motorist is obliged to send a claim, even knowing that they may simply not answer it or the answer will be purely formal.
What is the occasion
How is a pretrial claim made? Firstly, the general rules for writing an official document are respected, and secondly, the reason must be justified. What causes discontent?
- the amount of payments does not suit the motorist, more often it is clearly underestimated;
- the company completely refuses to pay money;
- funds were paid, but with a significant delay in violation of applicable regulations.
Underpayments
The most common reason for applying to the judiciary. Companies invite their own experts who, using a convenient technique, reduce the size of payments. In this regard, an examination ordered by the interested person is carried out, and on its basis a pre-trial claim is drawn up.
Refusal to pay
Citizens are not always well versed in the intricacies of the insurance business: sometimes with some violations file packages are submitted, sometimes violations in working with appeals are allowed by companies, and they find formal grounds for refusal. The practice of delaying the issuance of an answer, which complicates the proceedings. Because of this, a pre-trial claim to the OSAGO insurance company should be sent, having previously studied the current regulatory acts, or consulted with a specialist.
The company is obliged to give an answer no later than 20 days after receiving a package of documents from the applicant.
Payment terms
As soon as the deadlines allotted by regulatory enactments to pay money or give an answer expire, we can talk about breaking the law. How significant is the delay? The fact is that for each day of delay a penalty is charged.
At the same time, a judge should not be delayed with a statement, since the statute of limitations is unlimited and excessive delay in filing a lawsuit in court may be considered an abuse of the right.
To whom to send documents
The law obliges us to do this only with respect to legal entities providing services, in our situation, insurance companies. If a dispute arises with an ordinary citizen who has caused damage and does not have insurance, a claim is not required. Nevertheless, an individual will need a sample of a pre-trial claim if there is a desire to confirm attempts to resolve the issue without a court.
Why it is impossible without a claim
In 2014, insurance legislation was supplemented with a new provision. Its essence lies in the obligation to file a claim with an insurance company. Lack of evidence of compliance with this paragraph will lead to the return of the claim.
The applicant draws up a document, transfers it to the company, and if for some reason they do not accept it, the claim is sent by mail. If they are not accepted and thus, the plaintiff has reason to say that he took all measures on his part to resolve the dispute.
Writing a document
Make a complaint very carefully. The correctness and reliability of the content affects the chances of a positive response and the prospects of the trial. What exactly to write?
- Name, date of receipt of the passport and its number;
- full name of the applicant organization, position of the employee who signed the document;
- a brief description of the circumstances;
- disagreement with the amount of payments assigned;
- claim for payment indicating the requested amount;
- bank account details (issued at the branch where the bank card was issued);
- signature and date of presentation.
A description of the circumstances is a statement of the facts on which the claims are based, references to the norms or articles of the law, contract, if the applicant addresses the company of which he is a client.
What papers are attached?
- copy of the passport;
- copy of documents for the car (passport and document proving ownership);
- copy of the policy;
- expert opinion on whose opinion the expertise is based.
According to the same rules, a pretrial claim is written in Rosgosstrakh. The sample does not have to be associated with this company, more important is its compliance with the requirements of the law.
Finally
Pre-trial claim - an obligatory point of preparation of documents for the court. Without evidence of its direction, the case will not be opened. Despite the apparent formality, pay attention to its quality training.