A sample of the claim for the recovery of damage from the culprit of an accident. How to write a claim for an accident statement claim compensation for damage as a result of an accident

There are situations when when an accident it turns out that the culprit did not conclude an OSAGO Agreement and does not have a compulsory insurance policy. The guilty driver is unlikely to voluntarily agree to pay the repair of a damaged car.

In this case, the victim will be able to recovery from him only through the court. To do this, you will need to write a claim for the recovery of damage to the accident from the culprit without CTP. Create a lawsuit on all the rules and without errors.

How does the reimbursement occur if the culprit does not have an OSAGO

In the absence of an insurance policy, you can only recover damage from the driver who violated the rules of movement and the collision committed. If he agrees to voluntarily compensate the damage to the victim, it will be necessary to evaluate the damage. Then the culprit must make a receipt for the obligations assumed to pay the required amount. Some drivers, aware of their guilt, willingly agree to pay money to get rid of further proceedings and associated troubles.

If you agree with the culprit right at the scene of the incident, it does not work in a peaceful way, then it is possible to achieve the fulfillment of the requirements of the victim in other ways. Today there are two methods to recover damages in order of coercion from the driver who allowed the accident:

Filing a pre-trial claim - a written requirement to compensate for cash spending on repairs in the car service of the affected party.
Drawing up a claim for judicial authorities. At the same time it will be necessary to present good evidence of the defendant's guilt.

The culprit of a collision who does not have a policy at all or not extended an insurance contract, in accordance with the Civil Code, is obliged to fully reimburse the damage caused.

You need to go to court within three years after an accident, otherwise the requirements for compensation for harm will remain dissatisfied. The application is drawn up independently taking into account several recommendations:

As a respondent, the driver acts, driving the vehicle or the owner of the car. With the death of the culprit, the responsibility shifts on his heirs.
It is necessary to adhere to the rules of jurisdiction of the article on which the offense qualifies. Such cases are considered in the territorial court located at the place of residence of the defendant;
The amount required from the defendant is: the amount of damage caused, the current cost of repair and spare parts.
In the text, when describing the circumstances of the accident, you need to specify the exact date, the collision, the number of the CTP agreement, these cars of all participants in the incident, the names and the names of the owners.
All damage to the car according to the results of the examination are listed. It should be noted that the defendant did not respond to a written claim or refused to voluntarily reimburse the damage.
Should be referred to normative acts related to business;
Copies of documents are attached to the application: the Protocol of the traffic police inspector from the accident site, the conclusion of an expert, the receipt of the payment of duty and other costs due to the elimination of the consequences of the accident.

All items of the claim should be located in a specific sequence:

Details of the judicial authority, where the lawsuit is sent.
The plaintiff's data, then the defendant and the cost of the claim.
In the middle, the name of the document is necessarily indicated.
The main text with the details of the incident, in accordance with the DTP documents.
The transfer of the measures that the plaintiff undertakes to pre-trial the issue of the issue.
References to the provisions of the Civil Code and Code of Civil Procedure of the Russian Federation, who give the right to apply for the recovery of damage from the defendant. The amount is indicated on the basis of the invoice from the car service and counting losses by experts.
After text, the list of applications follows.
The document is assigned to the signature with decoding, the date is set.

You can write a statement on a pattern that can be downloaded on our website at the end of the article.

Not in all cases, the lawsuit is drawn up in the name of a person who was suspended, guilty of the incident. The driver who made a collision could manage the service car, which means that the lawsuit is drawn up on the firm that the vehicle belongs. The guilty person may not be the owner of the car, then the application is written in the name of the owner. It is allowed to simultaneously submit two claims - on the owner and the culprit.

You can ask the court about the imposition of arrest on the property and the means of the culprit of the accident, making a petition.

If the judge decides not in favor of the plaintiff, then he needs to prepare reasonable objections to submit an appeal to the higher authority. You need to have time to do it within 10 days after receiving the court decision.

When the position of the victim during an accident will be adopted, and the decision will enter into legal force, the court draws up the executive list. If you refuse the guilty to fulfill the court decision and compensate for the damage, the document is transmitted to bailiffs. With respect to the defendant, executive production will be launched.

When the debtor is recognized as an organization, to receive funds, contacting the bank that serves it. This amount is instantly written off from the current account and is listed by the victim.

What documents to attach to the claim

Documentary confirmation of the amount requested in the statement may be:

data of the expertise on damage to the car;
report appraiser on the cost of repair work at maintenance station;
overhead on the restoration of the car.

The plaintiff has the right to include in the list of requirements all costs associated with accidents:

expert services for evaluating damage caused;
preparation of documents;
call a tow truck;
fee for forced parking;
the preliminary cost of the upcoming work on the restoration of the car in the car service;
the average market price of a car not subject to repair;
used opportunities: late for the plane (the sum for tickets and reservation in the hotel could not be returned), missed negotiations, a non-appearance of work, threatening with the dismissal and loss of salary.

All calculations should be carried out carefully and separately attach to the application. The defendant's fault should be completely proven confirming the documents. They can be:

judicial decree;
document from the traffic police on the application to the violator of penalties;
if an accident was an object for a criminal case, a copy of the sentence made by the court.

If it was harmful to health, it is necessary to collect all the checks issued when buying medicines at the pharmacy and for payment of the medical staff of the clinic.

Copies of all documents relating to the case must be preserved to then apply them to the claim.

Which court apply for the recovery of damage

The plaintiff can choose himself, to which court to file the accident at the perpetrator. When it comes to the amount of up to 50 thousand rubles, such cases are considered in the world court, in other cases - in the district.

The lawsuit on the harm caused to the health of an accident is submitted to court at the place of residence of the victim, guilty or at the occasion of the accident. As will be convenient to the applicant. The case on compensation for damage caused by vehicles or property is considered in the judicial authority at the place of residence of the driver of the car, guilty of a collision.

State duty size

When collecting harm to the health of the state duty is not charged, according to clause 1 of Article 333.36 of the Tax Code of the Russian Federation. If during the accident damaged auto and other property, legal costs are accrued and paid on the general basis.

From the applicants, a cash collecting is taken from the applicants, the magnitude of which is calculated on the basis of the price of a claim, the nature and volume of the requirements for the defendant. In the world and courts of general jurisdiction, accrual is carried out in accordance with the requirements of the law. The cost of claims to be evaluated will be:

with the amount of requirements up to 20 thousand rubles. The state duty is taken 4%, minimum - 400 rubles;
if the plaintiff demands to pay up to 100 thousand rubles, then the size of the collection reaches 800 rubles. plus another 3% of the amount that exceeds 20,000 rubles;
at a cost of 100-200 thousand rubles, the federal duty is 3200 rubles. Plus 2% of the amount that will exceed 100 thousand rubles;
if the price of the claim is from 200 thousand to 1 million rubles, the state duty will reach 5,200 rubles. Plus, an additional 1% of the amount that is required above 200 thousand rubles.

When property claims are not subject to evaluation, car owners pay 300 rubles, and legal offices - 6000 rubles.

To calculate the state duty to court today, everyone can on the website of the judicial body, which is planned to be a claim. Most vessels have placed on the resource a convenient calculator, which is rapidly determining the magnitude of the state duty. A citizen will only have to specify the cost of the claim and the nature of the statement.

The state duty according to the rules should be paid to the presentation of the claim, the method is chosen by any - cash or non-cash. Payment document (receipt or payment order with a bank or treasury mark) is applied to the application. In the absence of a receipt, the statement of claim will be returned without consideration. If the plaintiff does not have the right amount, it is provided with installments for a year or delaying payment. Interest is not charged.

In real life, with the guilty driver's accident, it is quite realistic to recover the amount of the amount specified in the claim, there is no restrictions. The difficulty lies in the other. Not always, the defendants can fulfill the judicial prescription, since they are in a difficult financial situation and do not have the right amount.

The plaintiff may have to follow the progress of enforcement proceedings, communicate with bailiffs, to initiate the establishment of the size of the basic and additional revenues of the debtor, collecting data on the property belonging to it. Court decisions are fulfilled faster when government agencies, private enterprises become defendants. They immediately list the necessary amount at the expense of victims without the participation of baits.

Get compensation for damage from the perpetrator of the road accident using the court can be. True, it will have to spend time, money, but as a result, the victim will be able to protect his interests and make the inattentive on the road, an irresponsible car owner who did not make an insurance policy, pay the repair of a damaged car.

Look a valid handle template to save time for making shipment. All applications have the necessary fields for data. To fill them correctly, it is necessary to urge the principle.

The easiest way to carry out this using the sample given at the end. If suddenly you have discovered inaccuracy or error, please inform the editors about erroneous in the comments at the end. It is important to keep in mind that the enforcement is not at one point and the history of documents continue to rapidly become obsolete. It is necessary to check the modern standards of the law outlined in them.

It is possible that some articles have already been raised.

Sample claim for an accident on the recovery of damage from the culprit of an accident

SAMPLE
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"Help with an accident"

Court of Moscow

Plaintiff: ________________________

Representative of the plaintiff:

lawyer _____________________

Law Office ___________

moscow ______________________

tel. __________________________

Respondent: _____________________

moscow ______________________

tel. __________________________

claim price: ____________________

state duty: ___________________

STATEMENT OF CLAIM
On the recovery of property damage caused by the accident

September ____ at 8 o'clock. 00 min. In the area _____________________, the Moscow region there was a traffic accident with the participation of the A / M brand ________, G.Z. ________, under the driver of the driver ________ (respondent), and a / m brand ________, g. ________, running ________ (plaintiff).

Guilty of an accident on the basis of the decision in the case of the administrative offense of the world judge ________ of the judicial area ________ of the Moscow region was recognized by the driver ________ (the defendant), which in violation of paragraph 1.3 of the traffic police of the Russian Federation committed a departure of the oncoming movement, so he was convicted of committing The administrative offense provided for by Article 12.15 part 4 of the Administrative Code of the Russian Federation, he was sentenced in the form of deprivation of the right to manage vehicles for a period of four months.

Autocarnate responsibility ________ (plaintiff) was insured in OSAO ________, on the basis of the policy ________.

As a result of an accident, a significant technical damage was caused by the plaintiff.

The plaintiff was organized by an independent autotechnical examination, he also appealed to OSAO ________ for the insurance compensation, which was paid to him in the amount of ________ rubles, within the limits established by the Federal Secretary General of the CTP.

According to the conclusion of an independent autothechnical examination, the cost of eliminating IMTC defects without taking into account the wear was ________ rubles, taking into account the wear - ________ rubles.

Thus, the difference between the claimant incurred by the claimant and paid insurance indemnity is (________ rubles. - ________ rubles) \u003d ________ rub.

In accordance with Article 7 of the Federal Law "On compulsory insurance of civil liability of vehicle owners", the insurance amount, within which the insurer undertakes to compensate for the injured damage to the injured harm, is not more than 120,000 rubles with damage to the property of one victim.

In accordance with Art. 1064 of the Civil Code of the Russian Federation harm caused by the person or property of a citizen, as well as the harm caused by the property of a legal entity shall be reimbursed by the person who hurt. Under losses are understood by the costs that the person whose right is broken, produced or should produce to restore violated rights, loss or damage to its property (real damage).

According to Art.1072 of the Civil Code of the Russian Federation, a citizen who insured his responsibility in the order of voluntary or compulsory insurance in favor of the victim (Article 931, paragraph 1, Article.935), in the case when the insurance compensation is not enough to fully compensate The difference between the insurance compensation and the actual amount of damage.

Thus, the difference between the claimant due to the insurance compensation and the actual amount of damage caused by the accident in the amount of ________ rubles. The respondent accident is subject to recovery from the culprit - ________. From the defendant, the costs of conducting independent autotechnical examination in the amount of ________ rubles are also subject to recovery.

The plaintiff was also incurred by the cost of payment of services of the representative in the amount of ________ rubles, as well as the payment of state duty, in the amount of ________ rubles. In accordance with Art. 98 Code of Civil Procedure of the Russian Federation Party, in favor of which a court decision was held, the court is entitled to compensate on the other hand all court costs incurred on the case.

Based on the foregoing, guided by Article 15, 931, 1072, 1064 of the Civil Code of the Russian Federation, FZ "OSAGO", Article 131-132, 88, 98 Code of Civil Procedure of the Russian Federation,

To recover from the defendant ________ Property damage caused by an accident, in the amount of ________ rubles, as well as a sum of money in the amount of ________ rubles. In compensation for independent autothechnical examination.

To recover from the defendant money in the amount of ________ rubles, spent by the plaintiff to pay for the services of the representative.

To recover from the defendant money spent on the payment of state duty, in the amount of ________ rubles.

Applications:

a copy of the administrative offense protocol (2 copies per 1 liter);

a copy of the decision on the case of an administrative offense (2 copies of 1 l.);

copy of certificate of participation in an accident (2 copies per 1 liter);

copy of certificate of accidents № 748 (2 copies per 1 l.);

copies of documents for the car (2 copies per 1 l.);

a copy of the evaluation report, damage calculation (2 copies by 22 l.);

copy of receipt for payment of the appraiser services (2 copies per 1 l.);

a copy of the receipt of payment of services of the representative (2 copies. per 1 l.);

receipt of payment of state duty.

_________________/________/

About the date and time of the court session, please inform the phone formation to the law on the above contact numbers.

With respect,

___________________/________/

Claim for compensation for damage at accident

The completion of the investigation by the traffic police inspector of the DTP material and the submission of an appropriate resolution entail a new stage of actions - compensation for damage caused in an accident. This stage can be mounted in the case when agreements can be achieved between the culprit of the accident and the victims.

Otherwise, you need to prepare for the court. With all the evidence and apparent simplicity of preparation for a judicial procedure, this is not as easy as I would like; So the task of seeking justice is to know the laws of the functioning of the judicial system, from which he will have to face.

Before preparing for the formation of a "package of documents" necessary for the presentation of a civil claim for compensation for material damage and moral damage arising from an accident, it makes sense to send a potential respondent (regardless of whether it is a physical or legal person) a claim (necessarily by registered mail with back notice) with the presentation of the entire list of requirements on an existing problem.

In the claim, it should be invited to compensate the damage caused in a pre-trial order, indicate that in the case of the proceedings in court, the costs of payment for the state duty, the services of a lawyer and others will be included in the court. You should also specify the period in which you are waiting for the answer to the claim and your contact details for communication with you.

The lack of a positive response to the claim indicates that it is possible to apply for a claim and compensation. It must be remembered that the burden of proof, in accordance with the provisions of the Civil Code of the Russian Federation, lies on the face that puts forward the requirements.

Who requires, he proves. The court acts as an arbiter. Based on this, each position of the civil claim containing material requirements for the defendant should be supported by the relevant evidence.

Thus, every step related to the victim in an accident with cash costs with causing accidents should be reflected in the documents that can later be used in court. Therefore, collect all receipts, checks, overhead, and if they are not allowed under any preposition, insist on extradition.

In order to avoid unnecessary disputes, it should be remembered in the process of judicial review that prior to the examination should be sent a notice or telegram to the culprit of an accident, that your damaged car will examine the expert.

Any doubts in the correctness of the evaluation of the identified mechanical damage, as well as in their involvement in the accident, the consequences of which are the subject of the dispute, should be reflected in the form of comments on costing or an inspection certificate. Usually dissenters simply refuse the signature, and then in court declare what they did not like it.

Late. All their objections and comments should be recorded directly directly on the calculation form. As practice is evidenced, the results of the calculation are found by the person who submitted its auto machine to evaluate, not earlier than 3-7 days after the date of inspection.

During this time, you can collect other documents for submitting a claim, including a receipt for the payment of state duty, the amount of which is calculated as a percentage of the amounts of material claims of complaints.

Having gathered the documents listed above and introducing to them as a basis for appealing to the court the decision of the administrative bodies for an accident with an indication of the driver-offender, whose actions led to the accident, you can proceed to the compilation of the claim. To lawsome application Copies of the claim for the number of respondents and third parties are attached, a receipt for the payment of state duty, a power of attorney to the representative (if the claim is signed and (or) is submitted), the calculation of the sum of money, which is charged with the employee, with copies by the number of respondents and third parties .

The statement of claim is submitted to the plot of the magistrate or the district court, depending on the requirements and at the location of the defendant or registration of the organization. The average person is hard to correctly form a claim and collect the entire package of documents, so our company recommends contacting specialists immediately.

Download sample claim
On compensation for harm caused in an accident

A sample of the claim to court - the company "Invest Consulting"

In ________________ District (urban)
court __________________________ region
(edges, republics)
Plaintiff: _________________________
(Full name, address)
Respondent: _______________________
(organization name or
full name. Citizen, address)
Third party: ____________________
(Full name of the driver manager
vehicle)
Price claim __________________

STATEMENT OF CLAIM
on reimbursement of damage caused by traffic accident

(Specify the place and time of the accident) there was a traffic accident involving a car (specify a brand, license plate) belonging to me on the right of ownership, and the respondent car (specify the brand, license plate).

As a result of this road accident, a car belonging to me (specify a brand, license plate) was damaged.
As established by the investigation, the road accident occurred due to the driver's fault (indicate F.I.O.), controlling the car (specify a brand, license plate) owned by the respondent (specify the owner of the car - or the name of the organization, or F.I.O. Citizen). The fact of guilt is confirmed (specify documents confirming the driver's guilt).

Material damage caused to me is:

according to an independent examination of Invest Consulting (specify the document number, date of compilation), damage to the accident made on the basis of a car inspection act (specify the number of the document, the date of compilation), the cost of repairing my car is (indicating the amount) rubles;

In addition, according to the conclusion of specialists (indicate the number of the document, the date of compilation, organization), as a result of the accident, the loss of the commodity type of the car was occurred on (indicate how much percent), i.e. The sum of the loss of commodity value due to an accident is (indicating the amount) rubles;

for the preparation of calculation, I was paid - (indicate the amount) rubles; For notifying the defendant by telegraph about the place and time of the car inspection - (indicate the amount) rubles.

Total, the total amount of material damage caused is (indicating the amount) rubles.
In connection with the foregoing on the basis of Art. 1064, part 3 Art. 1079 of the Civil Code of the Russian Federation

To recover from the defendant (to specify the owner of the car - the name of the organization, or F.I.O. Citizen) in my favor to compensation for damage _________ руб. and paid by me at the present claim state duty _________ rub.

In ensuring the claim, impose an arrest on the property of the defendant.

Applications:

Sample application for refunds for an accident - a sample of the claim for a request for a complaint to court

Ilyichevsky District Court of Mariupol Donetsk region

Ivanov Ivan Petrovich

87519 Mariupol, pos. Mary st. Crank, __

Respondent:

CLOSED JOINT-STOCK COMPANY "_____________________"

mariupol, Pr-T Sidelnikova, 42

Third parties:

1. Ivanov Igor Vladimirovich

87519 Mariupol, pos. Mirny ul. South, __

2. Fedorov Ivan Pavlovich

g.Marupol, Per. Zarechny, ___

STATEMENT OF CLAIM

on the compensation of material damage caused by traffic accident and moral damage

On June 30, 2004, approximately 11 hours 30 minutes in Mariupol on the road in the area of \u200b\u200bthe 4-traffic gates of LLC Gagarinstroy, a traffic accident occurred - the collision of the grade excavator ________, state. Number ________, managed by Ivanov's driver Igor Vladimirovich, and AZLK 2140 passenger cars. Number _________, under the direction of Driver Fedorova Ivan Petrovich.

Excavator belongs to CJSC "_______________". Driver Ivanov I.V. Located in labor relations with the specified enterprise.

Car AZLK 2140 Gos.Number _________ belongs to me on the right of personal property. Driver Fedorov I.P. Increased in a technical support, as having the right to manage this vehicle.

The AZLK 2140 car stood at the right border a few dozen meters from the 4th bushings of the enterprise LLC Gagarinstroy. The excavator was moving in the same direction from the passing gates towards the PR-Ta Karpov (Donetsk track). There were no more cars on the roadway.

When the excavator traveled around the standing car AZLK, then when performing the said maneuver, he made a collision, hooking the AZLK car with a dump, and handed it a few meters on the road.

According to the results of the inspection conducted by the traffic police inspector of the traffic police Sidorov A.A., the collision occurred due to the driver of the driver Ivanova I.V.. Governed by the excavator.

As a result of an accident car AZLK 2140 Gos.Number _________, 1982 release, blue, belonging to me on the right of personal property, technical damage caused.

According to the act of auto-merchant research to determine the value of material damage, No. 333 of 12.07.2004 the cost of material damage is 2141.00 hryvnia. The cost of expertise 250 hryvnia. The cost of drawing up a claim 100 UAH.

In addition, as a result of this accident, my repair machine is not subject to repair. I lost the machine that I used for regular trips to the cottage, which is located 100 km from my house and is one of the sources of existence for me and my family.

Now I can't ride there without additional expenditure. It violated the course of my usual life. I am in constant stress, because I do not have the means to repair the car.

My health has worsened.

Due to the illegal actions of the defendant, I cannot go to friends, relatives.

The defendants compensate for the damage caused. Estimation, nervous stress caused by the lack of funds, a violation of the habitual life has led to a deterioration in health, violation of normal life relations. I believe that as a result of an accident, moral damage was caused to me, which I estimate in 2000 (two thousand) hryvnia.

Guided by Art. 1166, 1167, 1172, 1187 of the GC of Ukraine,

To recover from the defendant to my benefit the amount of damage caused in the amount of 2141.00 UAH,
To recover from the defendant to my benefit the costs of payment of expertise in the amount of 250 UAH. and payment of legal assistance in the amount of 100 UAH. and the cost of paying state duty.

To recover from the defendant to my benefit compensation for moral damage in the amount of 2000 UAH.

To refund as evidence in Ogii Mariupol Ministry of Internal Affairs of Ukraine in the Donetsk region DTP materials used in the area of \u200b\u200bJune 30, 2004 in the area of \u200b\u200bthe 4-pass combines.

Ilyich with the participation of the excavator __________ Gos.Number _________ and car AZLK 2140 state number ____________ under the direction of Drivers Ivanova I.V and Fedorova I.P.

In order to ensure the claim, impose an arrest on property belonging to the defendant.

Application:

copy of Act No. 333 to determine the value of material damage.

copies of receipts for payment of auto-merchantly research.

receipt of payment of state. duties

copy of a technical support for car AZLK-2140

copy of driver's license

"......" ........................... 2004 _______________ I.P. Ivanov

Cases of Liberation

When, if the opponent proves his innocence to commit a crime, he is exempt from responsibility. The person who committed an accident can be freed from responsibility if it is proved that this damage was caused due to:

force majeure;
the intent of the victim himself.

Procedure for drawing up a claim for the recovery of compensation from the culprit

Form of document

The header of the claim state indicates:

the number of the judicial area, as well as the area and the city in which it is located;
Full name, postal address and phone number of the plaintiff;
postal and actual addresses, respondent phone number;
the price of a claim that determines the cost of damage caused by the car.

In the justification of the claim statements are indicated:

In the text of the claim according to the requirements of Art. 1079 of the Civil Code of the Russian Federation indicate:

A person name, who needs to recover the specified amount and in favor of whom;
the total amount of damage caused;
the amount of court costs.

Watch the video on the filling of the claim for the recovery of compensation from the culprit of an accident:

Who to make requirements - an insurance company or an accident initiator?

When committing an accident, the insurance company is obliged to compensate for costs, associated with damage to the vehicle, as well as on costs associated with damage to the health of the victim during an accident:

to restore the damaged vehicle, taking into account its wear;
expenses for independent examination;
evacuation of the car from the scene of an accident to the parking lot or the residence of the car owner;
costs for storing the car, or rather their size;
the cost of drugs and means of diagnosing the state of the victim;
rehabilitation costs, including on resort treatment if their need is indicated by the attending physician in the relevant medical documents of the victim;
middle earnings of the victim for a period of temporary disability according to hospital sheets, confirmed from the place of work in the approved form with edits in the form of 2-NDFL.

How to register complaints to the defendant?

The respondents in the Situation of the accident are:

vehicle owner;
the driver who provoked an accident;
insurance company culprit.

Attention! According to PDD, the owner of the vehicle is responsible, whose guilt is proved by the court. On the basis of the resolution, it is attracted to administrative responsibility.

As for the person, whose responsibility is insured by polis it is desirable from the defendant to attract two faces at once: and the owner, and the insurance company. This is due to fake policies, with improper notification of the guilty side of the accident and other factors.

Size of payout

From a person whose actions led to an accident and damage can be recovered by a property in the form of:

the cost of all repair work;
the cost spent on the evacuation of the car;
loss of cargo value of the car, if it is in operation no more than 5 years or its wear is 35%;
compensation for moral damage;
compensation for harm affected by the health of the victim (more detailed about how to get harm to health care on an accident at an accident can be found);
compensation for payments for loss of the breadwinner,
compensation lost earnings;
work of a legal organization;
work appraisal company;
activities of other courts.

Read more about the maximum amount of payments on OSAO can be found.

Commonness of the process

The presumption of guilt says: The driver, observing all the rules of the road, will still be guilty of an accident and compensation for damage.

Which court will consider the issue?

The jurisdiction determines which judge will consider the issue of damage to the accident. Regardless of who submits to the court, there are a number of rules and procedures that must be fulfilled in full. This will help solve two tasks:

If the court filed on you, It is necessary to see whether the rationality rule is disassembled. In the event that it is violated, you should not prepare for the meeting, and at the meeting to declare that the statement of claim is not forced to this court.
If you apply to court It is necessary to know that according to paragraph 7 of Art. 29 Code of Civil Procedure of the Russian Federation, the law gives the right to apply an alternative need to choose. That is, the passage of the trial may occur:
- at the place of registration;
- at the place of stay;
- at the location of the transaction;
- at the place of the transaction.

Most simple cases are transferred to the magistrate. Consideration of the case by the global judge has its own distinctive features, they include:

sole consideration of cases;
abbreviated terms of consideration of lawsuits;
assisting parties in collecting evidence due to the expansion of the principle of competition of the Parties;
active use of conciliatory procedures in dealing with the case.

Required paper

To the claim must be attached:

4 copies of this claim, which will be provided to the defendant and third parties;
receipt of payment of state duty;
a copy of the decision of the investigator of the traffic police on the termination of the criminal case;
2 copies of the court sentence;
2 copies of the cost of recovery repair;
2 copies of the receipt of payment of expert services;
2 copies of the expert's conclusion about the loss of the car's commodity type.

State duty

The state duty is paid before applying for a statement of claim. With no payment, the state duty will not be accepted. If the lawsuit is sent by mail, it will be accepted, but its statute will be inactive until the state duty is paid. To calculate the state duty, you need to know:

the price of the claim without taking into account moral damage and court costs;
in which court will file a statement.

Terms of decision making

The deadlines for the decision of the court at the accident are:

5 days is considered a protocol on administrative violation;
10 days are provided for filing an appeal;
3 days are provided to present a copy to a person who is attracted to the responsibility of the court order and the recognition of guilt;
a copy of the court order to the accident is awarded within 3 days a person involved in liability;
the limitation period is 3 years.

The mechanism of further action

After the entry of the court decision is due to:

The mechanism for further resolution of the issue is:

the abill receives an executive list and excites executive production;
makes requests to different organizations to find out where the debtor has property or an account opened;
deduction is made.

Is it possible to reduce damage?

In order to reduce damage in court, the defendant should:

do not be late for the court session;
report to the secretary about his appearance;
standing to give all the testimony of the case;
provide explanations if necessary;
clearly and accessible to explain the situation that led to an accident;
declare a petition for their innocence;
expect the next court meeting.

Conclusion

Statistics on the number of accidents, as a result of which drivers and passengers are harmful to health, not the most prosperous. Criminal proceedings are initiated against the perpetrators, the court sentences are made by the court, however, the accident participants do not always voluntarily hurry to compensate for the victim neither moral nor material harm.

It is worth remembering about the limitation period. It is 3 years, so it is better not to delay, but immediately contact the court and of course reinforce the claim with checks, hospital sheets, other documents confirming incurred costs and costs so that the court has enough on legal grounds to satisfy a civil lawsuit.

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It is not always a motorist in the event of an accident, it turns out to compensate for the damage to the insurer. Domestic legislation in connection with the imperfection is often forced to collect compensation in court from the culprit of the incident. In the proposed material, it is seen to how to prepare a claim for compensation for damage caused by an accident, procedure procedure, legislation features, the content of the document and other issues that will have to solve the victim.

The rules of right provide for the possibility of appealing through the court about compensation of damage incurred after an accident against the culprit in the following cases:

For the restoration of the machine, an amount exceeding the maximum OSAO - 400 thousand rubles is required. If it is associated with the deterioration of health or death - to half a million.
The intruder does not have insurance.
In a situation where damage to the car was not obtained when driving.

Payment by the culprit of the car repair does not mean that in the end its cost should increase. It is only about eliminating damage issued.

Exemption from responsibility

Domestic legislation provides for the following cases where the violator does not have to pay:

these events are caused by forcemage circumstances, which the guilty could not affect, or deliberate acts of the victim;
if during an accident, the car was hijacked.

Also, if there is evidence confirming the provocative moments from the affected, even without a violation of the rules, the culprit is exempt from debt obligations.

Procedure in 2019

Before issuing appeal to court instances, the victim must fulfill a number of mandatory requirements. Given that the consideration of the case is associated with serious temporary and material costs, before submitting a claim for damages as a result of an accident, try to get money from the culprit voluntarily.

But pre-need:

approach the traffic police for documentation confirming the fact of the accident and its circumstances;
require payments from the insurer and get a refusal or make sure that the amount is not enough to restore the machine;
organize the examination of a damaged car to assess the cost of repair;
collecting the paper, contact the violator with the requirement to compensate for damages.

The voluntary agreement on damages at the accident is always advantageous for long-term trials on instances.

Certifying order

Before submitting a claim, it is necessary to try to solve the question yourself. Without this paper will not be taken to consideration. Must be compiled and sent to the respondent. When preparing a document, the established rules should be followed. Without this, it can be recognized as invalid.

Features of compiling claim

The specified appeal must contain:

personal information about the disposal;
certificates about accidents;
the nature of damage to the car;
results of expert examination;
total damage;
information about insurance;
missing amount, taking into account the payments received;
what is required to compensate for the guilty to eliminate issues;
contact phone number or other communication method.

When transferring paper, the period in which you want to receive an answer is indicated. The claim must be accompanied by copies of the following documentation:

act confirming the onset of the insured event;
decree of the opening of an administrative case;
telegrams inviting to expertise;
checks and receipts of payments on costs for repairs.

To eliminate possible delivery problems, paper should be sent by registered letter with back notice.

How to make a claim

Further actions are being made only if a positive response is not received on the complaint. The culprit may refuse compensation without agreeing with the requirements.

The statement of claim for compensation for material damage as a result of an accident is compiled on the prescribed form. It must be taken into account which instance it should be filed.

In the insurance company

Often the amounts are insufficient to eliminate damage gained. Therefore, it is necessary to solve the issue of compensation for the full repair of the machine. The claim to the insurance company about damage to the accident may also be submitted to the court if the victim does not agree with the amount of funds received. This must be confirmed by the relevant expertise. Only in this case can be hoped for a positive result of consideration.

A response is a response to the insured company to the perpetrator of an accident in the order of subrogation to compensate for the losses for payments on the PSEA victim.

To court

In preparing the application, it is important to submit, what instance should consider the issue. If you do not know the established rules, the paper will not be accepted. In which court, a claim for compensation for damage at an accident is submitted, determined depending on the size of the losses incurred (Art. 28 of the Civil Code):

if the amount does not exceed 50 thousand rubles. - in the world;
with a larger cost - in the district.

The application is sent to the authority at the place of residence pernoval. However, some private situations are possible. If the car did not manage the owner, and they are registered with the violator in various areas, before submitting to the court to the culprit of an accident to reimburse damage, it is necessary to determine the cause of the accident. In the case of a technical malfunction of the car that caused the incident to blame the owner. When neglecting traffic rules, the violator will have to respond to the driver.

The claim for the recovery of damage in the accident from the culprit without insurance will allow the necessary amount of repair, since it cannot be recovered by another way, without the absence of a voluntary agreement with the defendant.

If the applicant has no experience in the preparation of such papers, the qualified legal support will not prevent. To do this, contact the appropriate company providing experienced specialists.

Sample Claim

It is very important that the paper is properly prepared. And although there is no approved form, there are a number of conditions that the document must meet. They are set out in Art. 131 Code of Civil Procedure of the Russian Federation. Paper is drawn up with the inclusion of the following information:

the name of the judicial instance;
instructions of the opposite side (F. I. O., addresses);
what caused the appeal;
circumstances of the question;
the value of the casual amount;
information about the attempts of a preliminary voluntary solution to the problem;
list of applications.

A sample of the claim for compensation for material damage at an accident is easy to download on the Internet to represent the features of its preparation.

Feed procedure

There are separate moments that should be taken into account in the specified situation.

Installed requirements

Many people have questions to submit to the court if the culprit of an accident is not the owner of the car. About such a situation mentioned above - everything is determined by the reason for the emergence of the accident.

In some cases, it is allowed to contact the district instance where the applicant lives. The claim for compensation for harm caused by health as a result of an accident, which led to injury, when the breadwinner died, as well as in a situation with reimbursement of moral damage, is counted for such moment.

That damage is compensated personally by the violator in a voluntary order or after the trial.

Required documents

The statement of claim must be accompanied by:

check on the payment of state fee;
pretrial claim;
a receipt confirming the above paper by the defendant.

The final content of the package must be clarified in the court office where the appeal should be. If the kit is incomplete, the documentation will not be accepted.

Set deadlines and payment of state duty

The duration of consideration of the claim - five days, the period of limitations on these issues is within three years.

The size of the mandatory collection is specified in Art. 333.19 of the Tax Code of the Russian Federation and fluctuates from 200 to 20,000 rubles. More precisely, the amount can be determined from the specified standard.

The court's decision

If the paper is drawn up without errors and in the appropriate equipment, the plaintiff may hope for a positive result. However, it is required to take care of providing the necessary evidence of its rightness, including all the circumstances listed above.

The claimant will be notified for the adopted decision of the court to reimburse damage from the accident will be notified within ten days. The applicant is awarded an executive list that allows you to recover the required amount in the culprit. The control and provision of the adopted decree is entrusted to the special service - FSSP. If the defendant is voluntarily calculated on debts, more serious measures can be taken to it, up to the arrest of property.

Arbitrage practice

According to the experience of consideration of such cases, it can be noted that in the presence of appropriate confirmations, proving the fault of the violator and confirming the amount of an incurred loss, the decisions made are made in favor of the submitted petition.

Objection to the claim

If the defendant disagrees with the accusations presented or the size of compensation, he has the right to appeal against the decree within a 30-day term in the superior instance. The specified appeal can be supplied by any of the parties. However, this does not apply to witnesses in the case. A sample of objections to the claim for damage to the damage to the accident is presented on the Internet.

Summing up

Any car owner may encounter the need to recover compensation for the repair of the car in the event of an accident. But it should be borne in mind that the statement of claim will be considered with a positive result only subject to the established procedure and providing the necessary package of documents and evidence of fairness of claims.