It is far from always that the insured receive cash payments sufficient to improve their health or restore their property damaged in situations stipulated in the insurance policy. In such cases, you can file a lawsuit with the insurance company. Let's talk about how to do it right, and what are the chances that the cash amount of payments will be increased.
Accident
In situations where the driver has an accident, as a result of which his car suffers, you always have to deal with employees of insurance organizations. Alas, far from always insured persons receive sufficient payments necessary for repair or full restoration of the car. It should be noted that when applying for a compulsory insurance policy, additional problems may arise with the services that employees of some such organizations like to impose. What should the victim do in such a situation? the law states that every citizen who has issued an insurance policy has the right to file a lawsuit against the insurance company if it has violated the terms of the contract. I must say that suing companies is difficult for an ordinary person. In order to win, you need to have knowledge of all the intricacies of doing such things.
Is it worth it to do?
The answer is definitely positive, as you should never neglect your rights. If you do not do this because of excessive modesty, or simply forget about the imposed services, or turn a blind eye to insufficient payments, you can suffer significant losses.
To date, litigation with insurance organizations is no longer a rarity, and indeed, it is difficult to surprise one or another car enthusiast with such a resolution of issues, because these services are increasingly trying to evade their obligations properly. Consider in what cases you need to file a claim with the insurance company.
Imposing unnecessary services to clients and legal advice
When registering, for example, an insurance policy, customers can be imposed with various additional services, such as property, life or real estate insurance. Also, sometimes situations arise when people are not provided with the opportunity to familiarize themselves with the contract, filling out it without the knowledge of the client, while imposing all kinds of additional insurance products. In such cases, the total cost of the policy, of course, is much higher than expected, and the rights of the registration person are violated. As part of such unlawful actions on the part of insurers, a pre-trial method of resolving the conflict should be undertaken, and then a lawsuit should be filed with the insurance company.
It should be emphasized that any person, when making insurance, can write a refusal to use additional services. If the insurance company tries to violate the rights of its client, ignoring this written refusal of additional imposed products, lawyers advise contacting the following state bodies:
- Rospotrebnadzor protects the rights of people as consumers of certain products.
- The Russian Union of Auto Insurers is engaged in a full audit of the legitimacy of actions by insurance companies.
Refunds in Insurance Payments
There are situations when the sums of money for the damage caused are recovered from the culprit. A lawsuit to the insurance company (if the victim is dissatisfied with the amount paid to him) is filed on a common basis.
In contrast to the imposed insurance, the situation with payments in case of accidents does not require attempts of pre-trial settlement. Often, drivers are faced with such a phenomenon when the amounts of payments for the damage suffered are not enough even to purchase the necessary parts damaged in an accident. Such an attitude on the part of insurers is easily explained by the fact that they strive in every possible way to save money at the expense of their clients, while greatly reducing damage, or denying the occurrence of an insured event, as such. The culprit of the accident may not be fully compensated for various reasons, given the circumstances of the collision and other factors.
In the event that a person is faced with a similar problem, it is necessary to draw up an act of damage, as well as order an independent expert assessment. Given that the examination document will be required against the backdrop of a conflict over an insured event, it is also imperative that all payment papers be kept in order to be able to recover all expenses in the future through the court.
It’s not worth it to immediately start writing a lawsuit against the insurance company, as soon as its employees announce the amount of compensation. First, after an independent examination, you need to obtain from the company documentary evidence of the refusal of payment, or the written amount of payment. All this is necessary, since the trial will require evidence that there is a violation of the rights of the victim.
What claims can be claimed
In addition to filing the main claim for the payment of insurance compensation, the plaintiff is entitled, depending on the situation, to file an additional claim. For example, he may demand to recover:
- Interest on borrowed money.
- Cash, namely a penalty for late payment or non-payment of insurance compensation, if this is provided for in the contract.
- Money instead of damages.
- Compensation for losses.
- Compensation for non-pecuniary damage (only for individuals).
What documents should be collected to file a claim with an insurance company?
Before you write a claim to the insurance, you will need to collect all the documents to confirm the correctness of the client of the insurance company. You should try to provide the maximum amount of various evidence, including all kinds of receipts for expenses that were caused by a dispute with the insurance service. Depending on the situation, the list of documents may vary, but in any case, the court will need to provide the following papers:
- A copy of the issued insurance policy.
- The original insurance contract or a copy thereof.
- Receipts confirming payment of insurance, as well as state fees.
- Copies of all documents for the insured car, including the vehicle inspection ticket.
- A copy of the driver’s license, as well as the power of attorney of persons included in the compulsory insurance policy.
It should not be surprising if an insurance company sued the victim in response to a lawsuit.
The plaintiff must make copies of all of the above documents. In the event that the plaintiff does not have in his hands any papers that the court may require, but the insurance service has them, this must be indicated. Thus, it will be required to oblige the insurance company to present these documents directly during the trial.
The situation of the dispute on unlawful actions by insurers
In addition to the above documents, in order to file a claim with the insurance company, the plaintiff may need to provide all available papers that will testify to attempts made to resolve the conflict pre-trial. In the event that a person does not have an insurance contract, it is necessary to draw up an application for its conclusion.In addition, a written refusal from the insurance organization is needed if the company's employees refuse to conclude this contract with their client on the previously agreed conditions.
We must not forget about the written refusal to issue additionally imposed services. The client has the right to write it when preparing the main document. Refusal should be presented in the original, but a certified copy can also be accepted. The court will require the response of the insurance company to this refusal.
Some victims ask what the insurance company's regression lawsuit is. The insurer who paid the amount per person who caused the damage, has the right to file a recourse lawsuit against him to recover his costs. In order to return the difference paid in excess of the insurance amount, the company sues the culprit of the accident.
Compensation Issues
When it comes to insurance payments after a traffic accident, the list of required securities is noticeably growing. In addition to the main list, the plaintiff will need the following documents:
- The presence of a notice of a traffic accident in the prescribed form.
- The protocol and resolution that were drawn up at the scene of the accident.
- The certificate of inspection of the vehicle along with the conclusion of an independent examination, which reflects all the damage to the vehicle.
- Payment documents in the form of checks and receipts confirming expenses that were associated with the damage incurred.
- Receipt of the cost of repair in the event that it has been made.
- The product of calculating the cost of repairing a vehicle, which will represent the total amount spent on restoring the car.
- A copy of the paper reflecting compensation payments by the insurance company, or a written refusal to provide such.
Be that as it may, each case is unique in its own way, and only a qualified lawyer can indicate to the plaintiff a complete list of all the necessary documents for a successful trial.
How to properly file a lawsuit in an accident with an insurance company?
To sue an insurance organization, a person must write a statement of claim. The form, as well as the procedure for submitting this document, is established by the Civil Code of the Russian Federation. The sample statement itself is not particularly difficult to compile. This document should include several parts, namely the introductory, informational, interrogative and final sections.
In addition to disputes with accident insurance companies, others are possible. For example, causing damage to property or harm to life and health. Often the insurance company is in no hurry to pay out or underestimates the amount of the compensation amount. In all these cases, the injured person has the right to go to court.
Let’s explain how to write a claim for insurance benefits.
Introductory part of the statement
This section contains information about which court the claim will be sent to. The plaintiff must provide the address of the company that is the defendant in the case under consideration. According to the standard scheme, one of the main offices is chosen. True, it often happens that this address is in another city. In such a situation, it may be necessary to draw up a statement at the location of the defendant. In order to determine whether the plaintiff can file an application with the court at his place of residence, the contract should be carefully studied. As a rule, the section on disputes indicates whether such an alternative exists. Next, standard information about the name, phone number, and email is entered. After that, information about the defendant is entered, including his address, telephone number for communication, etc.
Information Section
This part of the claim for the recovery of insurance compensation serves to describe the current situation. In this section of the statement, the plaintiff should cite all the facts concerning the case.Most of them will need to be supported by evidence. It should be borne in mind that in the information section it is important to avoid the expression of expression and free narration. A well-written description of the conflict situation with an exact indication of exactly which clauses of the contract, or the rights of the client were violated, is the key to a successful resolution of the dispute in court.
Petitioner
In this section, the plaintiff needs to indicate what exactly he requires from the court. In addition, this part reflects the amount of the claim. Any calculations and claimed claims must be lawful and legal, as well as be confirmed in documentary form. Too high requirements may lead to a refusal even to consider the plaintiff's application. Therefore, lawyers recommend providing additional evidence that will once again confirm the legitimacy of the claims. 
Final Claim Section
It indicates the complete list of all securities that are attached to the claim for insurance compensation. At the end of the final section put the date and signature.
Unfortunately, it is not uncommon for insurance companies to not recognize the occurrence of cases as a result of which they are obliged to pay cash to their customers. Especially often, something like this happens when people apply for reimbursement of monetary compensation for car insurance policies. Thus, in the event that a person has controversial situations with insurance services, you must definitely fight for your rights and not be afraid to file a lawsuit with the insurance company, which does not fulfill its obligations.