How to sue an insurance company under MTPL

Litigation with insurance companies under compulsory motor liability insurance in 2019

The Institute of Compulsory Auto Insurance in Russia has existed for more than 10 years. However, the mechanism for compensation of damages by insurers is still not fully regulated. There are a lot of bureaucratic delays. And the insurance company is extremely rarely ready to compensate for the damage. According to statistics, more than half of insurers are willing to pay no more than 30–70% of the actual amount of damage. They try in every possible way to underestimate the amount of payment or refuse compensation at all. And in order to receive payment, the car owner has to sue the insurance company under MTPL or CASCO.

Why do you have to go to court?

In most cases, litigation occurs due to the refusal of the insurance company to pay under the policies. In this case, the insurer sends the insured a corresponding letter, which indicates the reasons for the refusal, references to the clauses of the contract and the legislative framework.

As practice shows, the insured may receive a refusal to pay under compulsory motor liability insurance in the following cases:

1. The second participant in the accident (the culprit) was not included in the policy, was drunk while driving, filed an appeal against the decision on the offense, fled the scene of the accident, refused to provide his car for inspection, or was not insured at all.
2. There is no one to blame for the accident.
3. The insurer's license has been revoked.
4. No diagnostic card was presented.
5. The insurer was not notified of the accident in a timely manner.
6. The mechanism of damage is not related to the insured event.
7. The car was stolen along with the keys.

You can learn about possible reasons for refusal to pay under a voluntary auto insurance policy from the article “The insurance company refuses to pay under CASCO insurance.”

Car owners often go to court due to incomplete compensation for the amount of damage. Often, even at the time of assessing damage in an accident, an insurance company appraiser tries to significantly underestimate the amount. The scale of damage and standard hours for repair work are incorrectly assessed. Sometimes the amount of damage assessed by an insurance company expert may differ from the actual amount by several times.

Another reason to go to court could be a simple delay in payments. In this case, the insurer does not send a notification. But he doesn’t transfer money either.

How to go to court

Before filing a lawsuit against an insurance company under compulsory motor liability insurance or comprehensive insurance, the owner of the damaged car should once again make sure that he has the right to compensation for damage. Here it is better to consult with experienced lawyers. Otherwise, there is a risk of wasting time and money and never getting a positive court decision.

After this, you need to collect all the documents. Additional examinations will also be required. For example, if the amount is clearly underestimated, then an assessment by an independent expert is needed. If the insurance company claims that the damage was not caused by an accident, then it will be necessary to conduct a trace examination.

Immediately before you sue the insurance company under CASCO or OSAGO, you should write a letter of claim to the insurer. This is a mandatory pre-trial method of resolving a dispute. The header of the letter should indicate the person in whose name the claim is being written. Most often this is the head of the company. Further information about the insured person is indicated.

The text of the claim itself consists of several parts. The first part contains information about the actions of the insurer up to a given point in time. The second part outlines the requirements of the insured. It then sets out a list of actions that are planned to be taken in the event of non-compliance with the requirements.

Filing a claim

If the insurance company does not respond to the claim or sends a denial, then you should prepare for court. First, you need to file your claim correctly. The statement of claim is drawn up in accordance with the requirements of the Civil Procedure Code.

The application must include the following information:

1. The full name of the court in which the claim is being filed.
2. Personal details of the plaintiff.
3. Name of the insurance company, address and telephone numbers.
4. Cost of claim.
5. Justification of the claim. Here are arguments that indicate a violation by the insurer of the rights of the insured, with reference to the regulatory framework and clauses of the insurance contract.

The following documents must be attached to the statement of claim:

• insurance contract;
• policy;
• confirmation of contact with the insurance company;
• insurer's refusal;
• expert reports from the scene of the incident;
• opinion of an independent expert (if available);
• receipts, etc.

It is necessary to provide all available documents in the case that may testify in favor of the plaintiff. After all, the judge will make a decision solely on the basis of the case materials.

How to confirm the amount of underpayment

If a lawsuit is pending with an insurance company under CASCO or OSAGO due to incomplete compensation for damage, the applicant must document the amount. The amount of damage may be justified by the opinion of an independent expert.

The expert will evaluate the value of the car after the occurrence of the insured event. The difference between the market value and the estimated value will be the basis for increasing the amount of compensation. The cost of the examination should be added to the resulting cost.

Rules for filing a claim

After filing a claim, one copy of the application must be submitted to the court, the second to the insurance company. You can take it in person or send it by registered mail with a list of documents and notification of receipt. After that, all that remains is to wait for the summons.

Important: a claim against an insurance company under MTPL must be filed in court at the place of its registration.

If the amount is more than 50 thousand rubles, then the case should be heard in the district court. If the amount is less, then you need to go to the magistrate's court.

You can learn more about where to contact if the insurance company fails to fulfill its obligations under the voluntary auto insurance policy from the article “Where to complain about an insurance company under CASCO insurance.”

How does the trial work?

The first meeting (preliminary) is most often scheduled no earlier than a month after filing the claim. At the first meeting, the parties have the opportunity to once again resolve the issue peacefully. As a rule, the meeting takes place in the form of a conversation: you can submit petitions, present additional evidence, and adjust the amount of the claim.

Quite often the issue is resolved at a pre-trial hearing. The parties reach an agreement, make mutual concessions, and a settlement agreement is signed. If a consensus is not reached, the plaintiff and defendant face a series of court hearings that can last for several months.

Most often, after a preliminary court hearing, the court orders an additional independent examination. After all, the insurer has his own expert opinion, and the insured has his own. It is worth understanding that as a result of the court’s examination, the amount of damage will be slightly lower than that stated in the claim.

After the court makes a decision, the defendant has the right to appeal it within a month. If there is no appeal, then after the 30-day period the plaintiff must write an application to the court to obtain a writ of execution. If the insurance company does not pay the money, then with this sheet they turn to the bailiffs, who will deal with the issue of collecting the money.

Before suing an insurance company under compulsory motor liability insurance, it is worth thoroughly studying the legislative framework and familiarizing yourself with judicial practice in such cases. This will allow you to prove your point of view more convincingly at the meeting.

How much will the process cost?

Like any litigation, the MTPL trial is associated with certain costs for the plaintiff and defendant. Legal costs consist of several components: expenses for a representative, for consideration of the case. And if the amount of the claim is more than 1 million rubles, then the state duty is also paid.

The costs of processing the case include postage, compensation for lost time, and payment for accommodation. As a rule, the costs of considering a case are divided in proportion to the amount of satisfaction of the claim. For example, if the claim is only half satisfied, then 50% of the legal costs are covered by the insurance company, the other 50% by the applicant.

Judicial practice on MTPL claims

As judicial practice shows, most often the car owner wins a lawsuit with an insurance company under compulsory motor liability insurance. In most cases, the insurance company partially or even fully satisfies the plaintiff’s claims. Let's look at specific examples from judicial practice.

Example 1. Understating the amount of insurance

The insurance company compensated for damage in the amount of RUB 13,118. An independent expert recalculated the cost of restorative repairs of the car. The amount of damage amounted to 65,184 rubles. According to the court decision, the difference was additionally recovered from the insurance company in favor of the victim.

Example 2. Pre-trial settlement

The victim filed a lawsuit against the insurer due to incomplete compensation for damage. The payment amount was 10,655 rubles, while according to the results of an independent examination, 35,933 rubles were assigned. A settlement agreement was concluded. The insurance company transferred the difference. However, the court additionally awarded compensation for the cost of the services of a notary, representative and moral damages.

Example 3. Partial refusal based on the results of trace examination

Based on the results of a trace examination, the insurance company partially refused to pay and compensated for damage only in the amount of 98,000 rubles; an independent examination confirmed the involvement of all damages in the insured event and assessed the damage at 714,583 rubles. The court decided to recover the remaining amount from the insurer.

How to get the full payment from the insurance company for an accident: Video

A car enthusiast with over 20 years of driving experience. Higher technical education. Experienced copywriter, specializing in banking and technical topics.

Litigation with an insurance company: how to achieve a successful resolution of the case

What documents will the court require with the insurance company, where to file the claim, how it is drawn up, how the meetings are held, is it worth contacting lawyers?

Due to the current law or their own reasonableness, people increasingly began to turn to insurance companies for services. The choice of insurance products on the market is varied, and obtaining a policy is not so difficult.

However, it is not always possible for policyholders to receive adequate compensation for damage when an insured event occurs.

A lawsuit with an insurance company under compulsory motor liability insurance or comprehensive insurance is not uncommon. Often the reason is an underestimated payment, in some cases the money is refused altogether. The undisputed leader in litigation is Rosgosstrakh.

Not everyone decides to go to the courts to restore justice. But if you decide to take such a desperate step, then you should enlist the support of lawyers or study this issue more carefully.

Preparing documents to submit to court

The procedure for filing an insured event is as follows:

1. You collect and provide the insurer with the necessary documents and write an application.
2. The Claims Division reviews your case and decides whether to pay or deny compensation.
3. No more than 30 days should pass from the date of application - after a month you will receive money or a letter notifying you of the refusal.

There are often cases when a refusal notice is not sent, payment is delayed for a long time, or an amount is paid that is significantly less than expected.

You, as a client of the insurance company, have the right to go to court and recover the missing compensation from the defendant.

Even if you are completely confident in your rightness and ability to independently represent your interests at a court hearing, it is better to consult with a lawyer in advance.

He will tell you how to build a strategy correctly and explain what prospects your business has. Without knowledge of the current legislation and experience, you will simply waste your time and will not be able to win the process.

To go to court, you will need a whole package of documents that will confirm your right to receive the required insurance compensation. This:

1. Insurance policy, contract with the company, receipts, other papers related to the case.
2. Certificate from the traffic police (if the damage was caused by an accident).
3. A copy of the insurance claim with a note indicating the acceptance of all necessary documents.
4. Medical certificates (if harm was caused to health).
5. Opinions of independent experts.

An independent examination is the best way to confirm the fact of an insured event and the amount of damage caused. Traceological examination is carried out in cases where the insurer refuses to pay compensation, citing a discrepancy between the damages declared by the insured and the actual circumstances of the incident.

An independent assessment of damage will be required if the amount of compensation is underestimated. An independent expert's report will help you justify the price of the claim in court.

If it is necessary to inspect a damaged vehicle for examination, you must invite a representative of the insurance company by telegram.

In court, all materials proposed by the plaintiff will be examined, and an additional forensic examination may be ordered. The meeting will be adjourned pending the results.

You should make a written claim to your insurer before filing a claim. In it, indicate the essence of the case, the main requirements, deadlines, and your intention to go to court. Please also attach this document to the materials submitted along with the claim.

Determination of jurisdiction

Claims against insurance organizations are handled by courts of general jurisdiction. The amount of the claim and the location of the defendant are decisive factors in determining the specific court.

First, establish the exact amount of the claim. Add up all your expenses for experts, lawyers, mail, add them to the amount of insurance compensation you expected.

If the total amount is less than 50,000 rubles, the case will be heard in the magistrate’s court, if it is more, then the district court will deal with it.

You can file a claim with the judicial authority located at the place of registration of the defendant company or its branch.

Please note that the place of registration may not coincide with the place where the contract was signed. If you choose the wrong court, your claim will be rejected or your application will be transferred to the jurisdiction.

We draw up a claim and sue the insurance company

Drawing up a statement of claim is an important and responsible matter, since the law provides for certain requirements for this document.

If the claim is filed incorrectly, it will not be considered, and you will be asked to correct the shortcomings and make adjustments within a certain period of time.

At the very top right the following information is indicated:

1. The name of the court where you are filing the claim;
2. Your full name, address, phone number;
3. Name of the defendant company, address, telephone;
4. Cost of claim.

In the descriptive part, indicate in detail the circumstances of the case, the demands you make, and the violations committed by the insurer.

Be sure to support your demands with facts, refer to current laws, insurance rules and other documents indicating clauses of the insurance contract, article numbers, etc.

A professional lawyer can provide invaluable assistance in drafting a claim. But if you decide to do everything yourself, you can find a sample on the Internet.

In the petition part of the application, indicate the amount you want to receive from the defendant. It must be justified and supported by attached documents.

If the amount was calculated by you, then indicate the method of calculation and make the necessary explanations.

Next, you should indicate the attachment to the statement of claim. List all documents sent to the court, indicating the number of pages.

If you provide copies, they must be notarized or the application must indicate that the originals will be presented at the meeting.

The standard set of such documents includes:

• contract;
• policy, insurance rules;
• act on acceptance of documents for registration of loss;
• written refusal to pay;
• expert opinions;
• checks, receipts.

Your task is to prepare and provide the judge with the most complete package of documentation confirming your case. The decision will be made only on the basis of these materials.

If any necessary documents are with the insurer, there is no need to collect them in person. The court will do this if you write a corresponding petition.

It is drawn up by analogy with a claim and must necessarily contain a list of documents and justification for the need to request them from the defendant. Don't forget to sign the statement of claim and petition.

The application and all attached documentation are sent to the court in 2 copies. This is done by registered mail, where you must include a description of the attachment.

The court itself will forward one set of documents to the defendant for review. After this, within a month you will receive a summons calling you to a meeting.

The Code of Civil Procedure of the Russian Federation provides for a number of grounds on which an application may be returned to the plaintiff. Article 135 specifies reasons such as the absence of the plaintiff’s signature on the application, failure to comply with the rules of jurisdiction, and others. After eliminating all the shortcomings, you can go to court again, but you will lose time.

Before starting the process, it is worth studying the legal framework and judicial practice in your case. This will help you clearly formulate your thoughts, defend your position with arguments, and timely protest against the defendant’s arguments.

If the matter concerns compensation under compulsory motor liability insurance, then the maximum amount of the claim can be 400 thousand rubles. This amount is fixed by the MTPL Law. The money received must be spent on repairing the damaged vehicle.

How does the trial work?

The first court hearing is preparatory and takes the form of a conversation. You may be able to reduce or increase the amount of your claim, especially if the insurer has already responded to your claim.

You can bring additional witnesses, involve third parties in the process, and provide new evidence that you are right.

The defendant, for his part, can express his objections, voice his position, give arguments and refute your arguments.

If there was a need for a forensic examination, then you should study the results before the next meeting. Based on these results, you can change your requirements and refute the arguments given by the expert.

If the insurer is willing to pay all or part of the claim, you have the right to accept or refuse the settlement. Remember that the defendant will only comply with those requirements that are specified in this agreement.

On average, a trial with an insurance company lasts 1-2 months. It's worth being patient.

The decision made by the court will come into force in 30 days. During this time, the party who disagrees with the verdict can file an appeal to the court.

If the insurer does not file an appeal, then after the court decision comes into force, you need to apply to the court to issue a writ of execution.

You will contact the bailiffs with this document if the execution of the court decision by the insurance company is delayed. Upon receipt of the writ of execution, carefully check all the information specified in it.

If the amount of recovery or other data is entered incorrectly, you will have to contact the courts again and make corrections.

Is it worth contacting a lawyer?

We have described the entire process of going to court in case of conflict situations with an insurance company. The whole process takes a lot of time and effort, but the main thing is that without certain knowledge of the laws and the insurance business, it will be very difficult to win the process.

If you are planning to fight with the insurance company alone, remember that on its side there will most likely be a qualified lawyer who has experience in participating in such litigation and is well versed in the law.

If you cannot reach an agreement with the defendant at the first meeting, or if he is confident that he is right and does not intend to part with his money, then the case will drag on for a long period.

If you want to quickly and surely receive the compensation you are entitled to, contact a lawyer for support.

A professional will do all or part of the work for you:

• draw up a statement of claim and petition,
• will help you collect documents,
• at your request can participate in meetings instead of you,
• will not make mistakes that could delay the process or lead to a negative outcome of the case.

Contacting a lawyer will increase your chances of successfully resolving the conflict, and you will be able to receive the required amount. If the defendant does not pay within the specified period, then you will be issued a writ of execution, and you can receive the amount due from his bank account.

The costs of a lawyer will also be partially or fully paid by the insurer, along with such associated expenses as state fees, payment for the services of independent experts, etc.

A lawyer will help you initiate legal proceedings faster. You are only required to provide insurance documents, pay for services and issue a power of attorney for the representative. The specialist will do the rest.

We told you how you can demand from the insurer to fulfill its obligations under the contract. If you are denied compensation or have its amount significantly reduced, you have the right to file a claim in court.

You can speed up the process of filing a claim and simplify the procedure for participating in court proceedings by contacting an experienced lawyer.

A specialist will help you achieve justice in court. If the court rules in your favor, all costs incurred in connection with this proceeding, including legal fees, will be borne by the defendant, that is, your insurance company.

And I would like to answer a frequently asked question: Is it possible to win a lawsuit against an insurance company?

You can do this even without having legal experience, but if you want to recover from the insurance company not only the amount of damage, but also penalties and fines, then it is better to contact a professional lawyer.

We win against the insurance company. A lawyer explains the nuances that help you win a lawsuit

Court for compulsory motor liability insurance

In theory, compulsory motor liability insurance should provide the driver with a guarantee of timely compensation for material damage in the event of an accident. But in practice, insurers delay payments or transfer a very small amount, which is not enough even for minor cosmetic repairs of the car. In this case, it is almost impossible to achieve any changes from the insurance company. Often the only way out of this situation is to go to court.

But there are not many vehicle owners who are familiar with the legal system. For an ordinary driver, going to court is quite a difficult matter, since in order to consider a claim it is necessary to correctly draw up a statement of claim, attend meetings, and prove that you are right. All this often scares drivers away, forcing them to agree to the meager amount offered by the insurer. The way out of this situation may be to contact a professional lawyer who is competent in all matters relating to compulsory motor liability insurance and can represent the interests of the victim.

Is it worth suing under compulsory motor liability insurance?

The law of the Russian Federation obliges all car owners to take out a compulsory insurance policy. Therefore, almost all transport on Russian territory is insured. And in the event of an accident, insurance organizations bear obligations to the victim, paying a certain compensation amount. To do this, in the event of an accident, a representative of the insurance company conducts an examination, based on the results of which compensation is calculated. But more often than not, the money transferred to repair the car is not enough, and the driver wonders: is it worth suing the insurance company?

First, you need to understand some factors:

1. The company's specialists who assess the damage are not so independent. They carry out expertise in the interests of those for whom they work. Even if a violation of the assessment is visible, so to speak, “with the naked eye,” it is unlikely to be proven.
2. When collecting damages through the court, you will first have to spend money on paying for the services of your own expert, a lawyer. But all costs are ultimately reimbursed by the insurance company. If the judge confirms that the victim is right, the insurer will also pay the missing amount.

Of course, whether it is worth seeking justice through the courts is up to the car owner to decide personally. But a competent lawyer will always help you win your case. And according to statistics, the majority of victims who appealed to the judicial authority for an increase in compensation won the dispute. In addition, insurance disputes have recently come under the law “On the Protection of Consumer Rights”. Victims now have the opportunity to receive compensation from the amount collected by the court.

How to win a case under compulsory motor liability insurance?

The claim against the insurance company is sent to the court at the place of registration of the insurer or the place of registration of the injured vehicle owner. The claim shall indicate the name of the authority, last name, first name and patronymic of the applicant, place of registration, number of the policy and certificates of additional insurance with the name of the insurer.

An important point is to clarify the date when the document was concluded. This is a significant factor regarding the long statute of limitations, which reaches three years from the date of violation. In addition, the application contains information about the amount of payments for which there are claims. The claim will need to be accompanied by a package of documents confirming what is written. It is very important that all papers are collected confirming the fact of attempts to resolve the problem with the insurance company before the trial. The application is drawn up in any form and signed by the person submitting it. The claim for incompetence of actions is drawn up in two copies. One must be sent to the head office of the insurance company (not to the branch specified in the contract), the second to the court. After the application is submitted, you must wait 30 days. This period is legally allotted for making a decision. During this period, the victim will receive either a refusal or consent to compensation.

The insurer may not notify of the decision, delaying the payment process in every possible way. In this case, you can demand a penalty (if no information has been received within 30 days). But, you should know that according to the law, the penalty cannot exceed the amount of compensation. In addition, in order to receive a penalty, you will need to go to court. To be sure to win a dispute under compulsory motor liability insurance, it is better to engage an experienced lawyer who has repeatedly dealt with similar cases.

What documents are needed for the court under compulsory motor liability insurance?

To file a claim, you will need to collect the following documents:

• accident report;
• notification of an accident;
• policy;
• extracts from the policy of the culprit;
• the result of an independent examination;
• claim to the company with confirmation of receipt;
• medical examination results (in case of injuries);
• payment receipt.

Additionally, it is advisable to determine the costs before filing a claim. That is, calculate all the costs that the applicant incurred in initiating the lawsuit. This part includes the services of a lawyer, state duty, payment of independent experts, and the cost of postage. If in the end the cost is up to 50 thousand rubles, the claim should be sent to the magistrate’s court; when the amount exceeds this number, you will need to contact the district authority.

How to get your money after a trial under compulsory motor liability insurance?

The period of payment under a court decision largely depends on the actions of the plaintiffs after the accident. Often, insurers try not to pay compensation, resorting to various tricks. For example, even when drawing up a contract, clauses are included, violation of which leads to refusal of payments, and so on. The victim must be directly involved in all stages after an accident: conducting an independent examination, drawing up certificates, recording information about the accident, information about a witness, and another participant in the accident. It is very important to avoid mistakes here, otherwise insurers will eventually have a reason to delay payment terms.

After the court has sided with the plaintiff and ordered the company to pay a certain amount, as a rule, it will take a long time to wait for the money. It is not uncommon for the victim to receive the awarded financial funds after a year or even more.

The main thing that must always be remembered when collaborating with an insurance company under MTPL or CASCO is that any relationship must be documented. Not only will this help in the process of obtaining payment, but it may also be the only way to obtain a refund in the first place. Agency employees often “lose” documents. And without confirmation that the insured provided the papers and recording the date of transfer, it will be difficult to prove anything.

How to sue an insurance company under MTPL

There is an opinion that going to court with a claim against an insurance company is obviously unsuccessful and only promises a loss of time and expenses for a lawyer, but this is not so. In recent years, in our country, a very large percentage of court cases under compulsory motor liability insurance are won by the plaintiffs - dissatisfied car owners. The legal services market has become in demand for the services of auto lawyers—professional lawyers specializing in court cases related to owning and driving vehicles. In this article we will tell you how to increase your chances of winning your case in court if you believe that the insurance company has violated its obligations.

Reasons for going to court

They go to court if the insurance company refuses to pay compensation under compulsory motor liability insurance, this may happen in cases where:

• there is no one to blame for the accident;
• the insurance company has been liquidated;
• the insurance company was not notified of the accident;
• the car was stolen along with the keys;
• the damage received is not an insured event;
• the culprit of the accident fled the scene of the accident, was drunk or did not have compulsory motor insurance.

Another common reason for going to court under compulsory motor liability insurance: the insurance company incorrectly assessed the damage and paid too little compensation.

How to file a lawsuit against an insurance company

You need to be sure that the car owner is really entitled to compensation, or that the insurance company paid too little amount. The first can be established by studying the rules of compulsory motor liability insurance or by consulting with a lawyer, the second can be established by conducting an independent examination.

To go to court, you will need all documents related to the case:

• insurance policy;
• contract for the provision of insurance services;
• official refusal of the insurer to pay compensation;
• expert opinions from the scene of an accident;
• conclusion of an independent expert (if an examination was carried out).

It will also be necessary to provide all checks and receipts for payment for the services of an independent expert and other legal expenses. If the case is won, the insurance company will compensate all the plaintiff’s costs.

How to prove that the damage assessment was carried out incorrectly

As a result of an incorrect assessment of the damage, the car owner will receive a smaller amount of compensation than he should have received, and this money will not be enough to restore the technical condition of the car.

If you do not agree with the amount of compensation, you must contact an independent expert bureau and assess the damage to the vehicle’s property. With the expert's opinion received, as well as checks for payment for his services, you need to go to court.

How does a lawsuit with an insurance company work?

The question “how does the lawsuit with the insurance company go?” one of the most pressing. Let us briefly describe the trial process.

After filing the claim, at least a month must pass, then a preliminary hearing will be scheduled. At this stage, it is possible to resolve the conflict peacefully, but if the insurance company does not offer compromise solutions and does not meet the plaintiff halfway, the matter will have to be brought to an end. However, practice shows that it is at the pre-trial hearing that problems are most often resolved and a truce is concluded, especially in cases where large sums of money are not involved.

After the preliminary hearing, if the conflict is not resolved, the court will order an additional examination: this is argued by the fact that each of the parties has its own examination results, and the court will make a decision based on the additional examination.

When the claim is satisfied in favor of the plaintiff, he needs to obtain a writ of execution from the court and apply with it to the insurance company for compensation. And if an appeal to the insurer does not bring results, then you will need to contact the bailiffs with a writ of execution and they will deal with the issue of collecting money.

Should I contact a car lawyer?

It’s not just the completely legally unsavvy people who turn to a car lawyer. An auto lawyer is a person whose working practice has involved dozens or even hundreds of cases similar to yours, so he understands very well what a court case with insurance under compulsory motor liability insurance is and will be able to determine in advance your chances of winning the case, answer any questions, and also take We will take care of the collection of documents and other judicial nuances so that you do not waste your time.

The car lawyer has the right to indicate in the statement of claim that the insurance company is obliged to compensate for the costs of legal services. If you are successful in court, you will not lose a single ruble of money from your pocket and justice will be restored.

Whatever your case, be sure to consult with a car lawyer - consultations are usually free. They will tell you about the chances in court, about the time that will have to be spent on this entire judicial event. And then decide whether to file a claim at all.

Litigation with insurance

I had almost the same situation, but the car was not total. and the culprit still owed an amount in excess of 120, which the insurance company had to pay, he paid it off peacefully, and the insurance company paid for everything in full, including the lawyer and the examination, and even paid for postage of claims :) so sue if you are sure that you are being ripped off ! It’s simple, I found a normal lawyer and he handles everything, only calling occasionally.

As a result, the amount from the sale of a damaged car did not repair, and the amount of insurance payments allowed me to buy a better, more expensive, newer car without investment :)

I work for an insurance company,
you can do your own examination, but the insurance company will still do its own and will rely on it

Sorry for being top-notch, but I think it will be useful to know:

There are always such problems with ROSGOSSTRAKH, almost 100% of cases. And it’s better not to get involved with them at all, not only did they come up with “mandatory” life insurance costing 1.5-2k rubles, but in order for YOU to be paid YOUR legal money, YOU are wasting your nerves and time.

I won’t advertise, but there are many more insurance companies without similar work systems. Mine is also called “R”.

I really love the Rosgosstrakh company and help them with advertising on a completely voluntary basis,

I have the same thing, but I was bothered by the question that the usable remains are very small, and repairing a car that actually received damage at its own cost is 2 times more expensive.

Why is the cost of damage assessed by the wear and tear of parts and not by their actual cost (Even minimal) in the store, and even by “INDEPENDENT” experts from the same company. In general, I had a consumer loan, which I paid for another 5 months, after receiving all the payments (through the court, of course). I didn’t even break even, but now I’m reading your posts. and it’s so offensive. Although the lawyer was cool, he even scratched out some kind of penalty for me, so that I paid the bank money (Although not a car loan) while the proceedings were going on.

Praise to such lawyers))

Please tell me the contacts or at least the name of the company you contacted for legal services, I encountered a similar situation.