When a statement of claim for compensation for damage caused by an accident is filed, it is understandable. What evidence and arguments should be brought to court? How to apply? What are the specifics of the proceedings in which insurance companies take part?
Compensation System
The law establishes the obligation of car owners to have insurance. If the motorist has an accident, then the damage that was caused to them is covered by the insurance company. The insurance covers damage to property and damage to life and health.
In which case there is a need to file a claim for damages caused by an accident?
- The culprit at the time of the accident did not have insurance.
- The damage was not completely covered by the company (its size is beyond the scope of payments provided by law).
- The company reduces the amount of payments in favor of the plaintiff, with which he does not agree.
In order to increase the chances of success of a case in court, a number of recommendations of a general nature and affecting a specific category of the dispute should be taken into account.
In what cases is a lawsuit filed against the culprit
Judicial practice shows the desire of insurance companies to get rid of the obligation to pay damages. For example, the car of the victim at the time of the accident was in the parking lot. Compensation for harm falls entirely on the culprit of the accident; insurers will not help him.
Insurance, as mentioned above, covers only part of the costs, and amounts that exceed the limits are paid at the expense of the culprit. For example, more than 3 people were affected. The law provides for an increase in limits, but they will not be enough.
A similar rule applies to the consequences of an accident. The victim immediately or after a time reveals health problems caused or reinforced by the results of the accident. Filing a claim for damages caused by an accident becomes a matter of time.
Moral injury
Insurance payments cover only material damage; they do not extend to suffering of a moral nature and experience. The injured party has the right to send a claim to the judge for compensation for damage caused by the accident.
The amount is calculated regardless of the amount of material losses, the court must take into account the emotional moment, it is possible to conduct a psychological examination. To date, the practice of its application has not been established, and judges are more often guided by the established practice.
It is desirable to combine claims for material and moral harm in one lawsuit. But, we emphasize that the assessment of damage to the car and the assessment of non-pecuniary damage are directly related.
Firstly, the collection process is combined, and secondly, filing a lawsuit terminates the statute of limitations. If you file a claim only for material damage, the time limit for moral damage will expire in the time spent on the process.
Estimated cost structure
According to judicial practice, the following types of expenses are charged:
- provision of legal assistance and costs for appraisal work (this includes the cost of sending documents, in particular courier services);
- the cost of transporting a car if it is impossible to ride on it;
- lost profit;
- treatment and rehabilitation expenses;
- repair costs, taking into account deterioration.
The culprit is also charged with the cost of paying compensation for the commodity value of the car (the operating life cannot exceed certain limits).
Thus, the lawsuit against the culprit of the accident affects many aspects and the help of specialists may well be needed.
Examination
Disputes in court, the subject of which are road accident payments, are based primarily on materials provided by valuation companies. In order not to lose at least part of the money, it is advisable to resort to the help of outside evaluators. What are the purposes of an independent evaluation?
- The owner suspects that the company has clearly underestimated the size of payments.
- During the inspection, no defects were noted in the documents that significantly affected the size of payments.
- There were suspicions of the correct assessment of the cost of repairs.
An examination will help to determine how much the insurers have underestimated the amount of damage and who will have to sue: with them or with the perpetrator of the accident?
Today, the legislation has been amended, and insurance companies have the right not to pay money, but to spend directly on repairs. So, an independent assessment is not a luxury, but a necessity.
How much the examination will cost depends on the terms set by the client, the degree of damage.
If the customer only needs to assess the damage to the car, then the service will cost several thousand rubles.
It is advisable to inform the company and the culprit in advance about the examination.
Package of documents for examination
Appraisers usually ask for a standard set of papers:
- customer passport for drawing up a contract;
- technical passport of the vehicle;
- service book (if the vehicle is listed on warranty service);
- acts and materials of previous examinations;
- certificate from the traffic police about the accident listing the damage to the car.
After the examination, an act is issued on hand, calculations of damage, photographs of the car at the time of the inspection are attached. The act puts the signature of the customer and the contractor. The culprit and the representative of the insurance company sign if they were present.
Pre-trial dispute resolution
The legislation obliges the future plaintiff to first apply to the insurance company with a claim regarding the accruals and payments made before recovering the damage caused by the accident in court. If the answer is not satisfactory or the company refuses to provide it, then the obstacles to filing a claim disappear. The main thing is then to attach to the lawsuit a copy of the claim sent to the company, with a mark of acceptance. If they do not accept it, it means that we draw up a letter and wait for its return by mail.
In any case, the claim is written outlining all the circumstances and copies of the documents referred to are attached to it (examination materials, in particular).
Which court to apply to
Usually use a sample claim for damages caused by an accident. Which court to apply to? They apply to a magistrate court for claims up to 50 thousand rubles, to a district court at a higher threshold for the amount.
If the defendant is an insurance company, the plaintiff has the right to choose a court at his place of residence by virtue of privileges as a consumer. If the defendant is a human being, there is a right to appeal to the court at the place of his residence in accordance with the rules on jurisdiction of harm cases. The law does not prohibit choosing a court at the place of residence of the defendant.
General rules for writing a lawsuit
The document is prepared according to the standard scheme:
- full name of the court (or indication of the number of the world section);
- FULL NAME. claimant in full, address of residence;
- FULL NAME. defendant, address of his residence;
- full name of the insurance company, address of location, if it is involved as a defendant or a third party;
- statement of circumstances that compelled to apply to the court (accident, refusal to pay damages, appeal to independent experts, etc.);
- claims for damages and a specific amount is indicated;
- the price of the claim (the amount of the amount claimed) is indicated;
- the application is a list of attached documents;
- Signature and date of claim.
The list of points for the claim for damages caused by the accident to the insurance company for a claim against the immediate culprit of the accident.
The calculation of damage is placed directly in the claim or is attached as a separate document.
Package of enclosed papers
Documents confirming the fact of an accident:
- resolution of the justice of the peace;
- protocols, other materials of the administrative case, if for some reason the case did not reach the judge, or he made a decision to terminate the proceedings by the end of the limitation period;
- copy of the claim sent to the insurer;
- settlement scheme;
- examination materials;
- registration documents for the car;
- an agreement with independent evaluators;
- an agreement with a law firm or lawyer;
- receipts confirming payment for the services of specialists (lawyers, appraisers, etc.);
- receipt of state duty payment.
Other documents are also attached, depending on the circumstances of the case, the judge has the right to request something from the parties to the dispute.
Copies of the documents are attached to the claim according to the number of participants in the process, and the receipt of payment of the state duty is attached in the original. The size of the fee is determined by the size of the claims or the price of the claim. If it increases during the process, the judge will oblige the plaintiff to pay the missing amount of the fee.
An accident can cause a criminal case, and then the lawsuit is filed as part of the criminal case. If the judge refuses the lawsuit, the right remains to file a lawsuit in the usual way.
We must not forget that the fact of the accident is established on the basis of properly executed materials from the police.
No insurance
For some reason, the driver may have an accident without having valid insurance.
What to do to the victim? A statement of claim for compensation for damage caused in an accident without insurance is drawn up and filed in the same manner. The difference is that all payments fall solely on the culprit of the accident.
It is harder if the car was stolen from the owner, and then, on the basis of documents from the police, the plaintiff has the right to file a lawsuit only against the hijacker, who may not be found.
Finally
The filing of a claim for damages is preceded by an appeal to the appraisers and lawyers to collect the necessary documents. If you plan to start a trial with insurers, you need to take into account a number of nuances, in particular, file a claim.
It is more difficult to sue citizens if they do not have official income and property that could be sold to pay off debt.