This section presents samples of claims for compensation for material damage caused by the accident. The lawsuit is charged directly to the owner of the vehicle, and not to the insurer (insurance company), which insured the risk of civil liability of the culprit of an accident.

The presentation of the claim for the recovery of damage as a result of an accident to the owner of the vehicle, and not the insurer may be due to the lack of information from the victim in the accident on the presence of the OSAGO policy at the direct injury. In the event that it turns out that the responsibility of the culprit of an accident is insured and it will present a policy at the court hearing, then nothing prevents the insurance company of harm as the second defendant.

In addition, the Insurance Company is responsible for the damage caused to an accident only within the limits of the responsibility established by Article 7 of the CTP Law. The amount of damage exceeding the specified dimensions should compensate the owner of the vehicle - the culprit of an accident. It is also subject to recovery from the culprit and compensation of moral harm in case of harm to the life and health of the victim.

We recommend publication as of legislation for 2018: "Insurance reimbursement on the CTP. Order, forms, claims, claims, deadlines", in which, in particular, contain the following explanations of the application of the norms of the ACCO Law:

• Forms of insurance compensation (insurance payment and organization and payment of the restoration repair of the car);
• Who compensates harm in an accident: the insurer of the victim, the insurer of the injury, RSA, or harm causer?
• The procedure for compensation for harm: an appeal to the insurer, the presentation of the CU insurer to inspect or technical expertise; consequences of the failure of the car insurer for inspection;
• Mandatory pre-trial procedure for resolving a dispute. Pre-trial
• The statement of claim to the court on compensation for harm caused by the accident: samples of claims for insurance commentary claims

More about who is the owner of a vehicle, a proper defendant in the case, questions of the liability limit of the insurer and many other questions, see judicial practice review "Insurance payment on OSAGO. Size, deadlines, refusals in insurance compensation. Judicial practice."

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The lawsuit for damage to damage after an accident without insurance is filed according to the rules of the Civil Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation. The list of claims may include compensation for property and physical damage, as well as compensation for moral damage. In this article, we will tell you how to write a statement to the court to the culprit of an accident, and how much payer can count on payments.

Grounds for appeal to court

For each car owner, the law establishes the obligation to execute the policy of OSAGO. If available, the amount of damage will compensate for the insurance company within the limits approved at the legislative level. The appeal to the direct cause of the accident can occur under the following circumstances:

• if the culprit of the collision does not have a valid policy of the CCOS;
• if the size of the insurance coverage was not enough to reimburse the damage (in this case, the missing amount will be charged through the court);
• if the victim draws a claim for moral damage compensation.

The absence of the CTP policy is set when the documents are executed after the accident. If the bus owner cannot submit insurance, the administrative protocol is drawn up, according to which a fine 500 rubles faces. When assigning the sanction, the decision will be made - this document can be used as proof when applying and consideration of the claim.

In the presence of the policy, the victim should apply to the insurance company of the accident of the accident. The amount of insurance coverage for damage to transport is up to 400 thousand rubles. For damage to other property, the Insurer will pay a similar amount, and for physical harm the amount of compensation will not exceed 500 thousand rubles. Consequently, if the insurance compensation was not enough to reimburse the claims of the affected person, the residue can be recovered through the court.

Compensation of moral harm is accumulated in court, even if the driver has a valid policy of the OSAGO. The insurance company is not entitled to pay such compensation, since moral damage is appreciated. The amount of compensation will determine the court, taking into account the degree of mental and moral suffering of the plaintiff.

When establishing grounds for appealing to court, the victim must compile a claim. If several citizens suffered as a result of an accident, each of them issues an independent statement of claim, and the court is entitled to unite such cases in one production. The following items are indicated in the claim text:

1. name of a judiciary;
2. information about the plaintiff and the defendant;
3. the price of a claim is the cumulative amount of monetary requirements;
4. the circumstances of the cause of property, physical and moral damage - the date and place of the accident, the causes of the collision, etc.;
5. reference to documents confirming the defendant's guilt - protocols and decisions, materials of administrative and criminal cases;
6. a list of witnesses that can confirm the validity of the claim;
7. the composition and amount of claims;
8. the date and personal signature of the plaintiff.

Citizens can do business in court through the representative. For this, power is a power of attorney through a notarial office. If the representative signs the statement of claim, it must make a power of attorney to the document. In the lawsuit, the representative may be taken into account at the instructional statement of the plaintiff.

How to correctly calculate the amount of claims? Damage to vehicles or other property must be confirmed by expert conclusion. When contacting the appraiser, the respondent is notified of the place and time of the examination (as a rule, the telegram is sent). In the conclusion of the expert, the cost of repair and restoration work or the assessment of completely destroyed property will be indicated.

For assessing physical harm, contracts and payment documents are submitted confirming the costs of treatment, rehabilitation, the acquisition of drugs. The nature of harm to health will be installed on medical documents - extracts from medical staff, sheets of temporary disability, acts of examination.

The calculation of moral damage compensation is made by the plaintiff itself, taking into account its own assessment of the consequences of the accident. However, when considering a case, the Court must evaluate all the circumstances of the case, including moral and moral suffering. Therefore, the final amount of compensation may be significantly lower than the amount claimed in the claim.

If the total amount of requirements does not exceed 50 thousand rubles, the case will consider the world court at the place of residence of the defendant. When the specified amount is exceeded, the documents are sent to the district or urban courts. If a criminal case has been initiated against the culprit, the claim can be presented for consideration simultaneously with the verdict.

About the place and time of consideration of the case All parties are notified by the direction of the agenda.

Consideration of the claim passes in the following rules:

• the defendant has the right to submit evidence, reviews and objections, including confirming the absence of guilt in the accident;
• the court examines the materials of administrative and criminal cases if the defendant's fault has already been confirmed in other processes;
• if there are reasonable doubts in the calculations of the amount of damage, repeated and additional examinations may be assigned.

Cancellation of damage from the culprit of the accident occurs independently of the outcome of administrative and criminal cases. For example, according to the Code of Administrative Offenses of the Russian Federation, the culprit can avoid punishment if the term of attraction to responsibility has expired. To consider the claim, this fact does not matter, and the standard term for submitting documents is three years.

The judicial act is subject to enforcement. For this, documents are sent to the FSSP service, and retaining will be carried out at the expense of the debtor's revenues and property.

According to statistics on Russian roads, every fifth driver controls the vehicle to which the insurance of the CTP is not issued. Horificative insurance and "soft" fines allow many to violate the law and ride without it.

Of course, the trip in such car enthusiasts is successful only before the first traffic police or accident. And if the driver only discourages a fine of 800 rubles in accordance with FZ 116 and 196, then in the event of an accident on its fault - the driver will have to independently pay compensation for the damage caused by the car and property of the affected party. About responsibility for compensation for damage by the culprit of an accident Article 1064 of the Civil Code of the Russian Federation, which suggests that: damaged harm is subject to a complete refund, which caused damage.

Thus, the driver is a perpetrator who saved on insurance, will have to independently fork on repairing someone else's car. About how to recover money for damage to the car affected side from the culprit of an accident without insurance, we will tell you in this article.

Contact the court or not, of course, the case of the victim. It depends on whether the second driver recognized his guilt, is it ready to compensate for losses in place or in the near future, the number of car accidents damaged in the accident, the presence of victims of people is easy to install the culprit.

What to do if the culprit does not recognize his guilt read.

In many same cases, you can do without litigation. For example, agree on the amount of compensation in place or settle with the driver on the site of an accident. If he does not have money with him, write its passport data, make a receipt for the recognition of guilt in an accident and reimbursement of money on time.

Many citizens will choose to solve this issue peacefully, rather than to sue - spoil their reputation, spend money on lawyers and wind nerves. Therefore, first of all, offer the second party to solve the issue of peacefully, without the attraction of the court. If the second side of the conflict does not come to concessions, boldly fix the accident, write down the data of the culprit and apply.

When will the court appeal?

The appeal to the court will need if the culprit of an accident is there is no OSAGO, damage to the car serious, and he has no money for compensation - he refuses to pay on the spot, or at all. And maybe another situation, the culprit is ready to pay, but a smaller amount that does not suit the victim.

There is another option when a lawsuit is served on the culprit of the accident, even if he had insurance - insurance paid compensation, but the real damage is larger than the amount of payment. Sometimes the insurance company pays the "full limit", which is 120 thousand rubles, but this amount still does not cover the repair of damage. Then everything that is over the limit must pay the culprit.

Actions after accident

In order to make some actions, which will contribute to the early acquisition of money to repair cars.

First of all, after an accident happened, it is necessary to figure out whether there is insurance at the second sides of the accident, who is a culprit and how strong damage to the cars. Drivers have the right to negotiate compensation without attracting traffic policeIf: they have no disagreements listed above, they themselves can determine how damage suffered the victim and agree on payment of compensation or payment on the receipt.

So, list of actions after an accident:

• Inspection of machines and sides of the accident for damage;
• Fixation of damage in the photo or camcorder;
• Approximate evaluation of events for which an accident happened;
• if possible (informing about insurance);
• Estimate of approximate damage;
• Decision and appraisers:
• If you call, then we are waiting for the arrival of traffic police officers, damage is recorded, an act of an accident is drawn up;
• Next, with Documents from the traffic police you compensate for the repair of the car;
• If the culprit does not pay money, then it will be necessary to make a claim for the recovery of compensation;
• If not, then independently calculate or make a receipt in which you record the data of the accident and the payrolls.

It is necessary to take a receipt from the culprit that he recognizes himself guilty, it also includes:

• Date and time, place of accident;
• Parties and auto data;
• Write damage;
• Approximate cost of repair;
• Dates for payment of compensation.

Even if the drivers do not have complaints about each other, it will be more correct to make a receipt that there was a traffic accident and drivers came to a solution to disperse without payments and mutual claims.

If you can not do it yourself, then you should contact the traffic police inspector, which will give a certificate from the accident site. It will provide you with the necessary data.

Drawing and submitting a claim

If drivers did not come to a compromise and without a court could not do, then you need to collect documents and evidence for a trial.

In order to submit to the court to the culprit of an accident prepare:

• - It is necessary to pay for the services of appraisers, to obtain a conclusion, attach it to the materials attached to the court, as well as a check for the payment of services for appraisers;
• If the car is not subject to recovery, a check on the payment of this document should also be attached to the statement of claims;
• If there was a pretrial claim to the culprit, it also needs to be not forgotten about it - it is necessary to make it officially and have a confirmation that the culprit familiarizes it, it is also desirable to have an official response from the culprit.

When these steps are time to be taken for drawing up a claim. About what documents to attach to it, its sample, you will find below.

In this point, we will consider in more detail the process of filing the claim for compensation for incurred damage.

Apply to the court on the guilty person is entitled only after 7 days have passed since the presentation of the pre-trial claim. If the claim responded, but the answer does not suit the victim, as well as the answer would not be at all, the victim can apply to the court with a claim. The document is submitted to the court office located at the place of residence perpetrators of an accident, or at the place of accident or residence of the second party.

An interesting fact is that it is possible to sue the court not only for the culprit of the accident, but also on the owner of a car or a legal entity if the car is service. Support with a legal entity will be most profitable - after all, it is difficult to carry out entrepreneurial activities if there are any violations or legal proceedings. Thus, Jurlso wants to quickly compensate for you costs and close judicial proceedings.

At the same time, to sue individuals are usually easier than with legal, but still it is better to take advantage of the help of lawyers who will help to collect documents, evidence and will defend your rights in court.

Sample Claim

You can download the claim for compensation for damages below on our website, and we will tell only about the main items that should be in the lawsuit:

• The name of the judiciary;
• The plaintiff's data;
• Respondent data;

In the text claim:

• Description of the circumstances of the accident and evidence of the defendant's guilt;
• Description of complaints to the defendant;
• The amount of the claim and its calculation;
• Confirmation of attempts to pre-trial settlement of the case;

• List of attached documents;
• The date and signature of the plaintiff;
• Contacts for communication: phone, e-mail, etc.

Documentation

To the claim you need to attach:

1. 2 copies of the claim;
2. 3 copies of the STS copies;
3. 3 copies of the certificate of accident on f. №154;
4. 3 pcs. copies of the decision on administrative violation;
5. 3 copies Osago policy;
6. A copy of the assessment contract - 3 pcs.
7. Copies of letters with a challenge to inspection;
8. Expert damage assessment;
9. Checks that will confirm all your expenses during the trial;
10. A copy of the act of an accident - 3 copies.
11. Copy of the report (if any) - 3 copies.
12. A copy of the power of attorney to the presentation of interests in court (if the representative acts);
13. A copy of the contract with a representative and receipt of payment for services.

Timing

For contacting the insurance company, 15 days is usually given, it should give it to 5 working days, and make the payment for 30 days after receiving the last document. But if the culprit had no insurance, the timing of compensation for compensation for others.

The limitation period on the fact of the accident is 3 years from the day of the accident. After you have filed a claim, the court is obliged to consider the claim within 5 working days from the moment of its adoption in production. After the court made a decision, it is possible to appeal it within one month in the court of a higher authority.

How much can you recover?

Before submitting a lawsuit, the court needs to be firmly understood how much money will you be able to return whether the court will win and do you have enough evidence of the defendant's guilt. If the facts of guilt are enough, then besides compensation for car repair, you can try to sue.