Claim under compulsory motor liability insurance sample, little paid

Pre-trial claim to an insurance company under MTPL in 2018

A pre-trial claim under compulsory motor liability insurance is a complaint that the insurer, in the opinion of the victim, has not fully fulfilled its obligations under the contract. It is submitted to the insurer immediately before filing a claim in court. Read our article about how to correctly write and submit a claim, what documents to attach, and a sample pre-trial claim from an insurance company under compulsory motor liability insurance.

In what cases is a claim made under compulsory motor liability insurance?

Previously, in cases where a person injured in an accident did not agree with the amount of damage caused, which the insurance company agreed to pay, he had the opportunity to assert his claims directly in court, filing a claim without following any pre-trial settlement procedure.

However, on July 21, 2014, changes were made to Law No. 40-FZ, which regulates civil legal relations related to liability insurance of car owners. And from that moment, immediately before filing a claim with the insurer, the requirement to first send him a so-called “pre-trial claim under compulsory motor liability insurance” became mandatory.

At the same time, the law requires that relevant documents that substantiate the claims of the victim be attached to the claim. These documents must be reviewed by the insurance company that issued the MTPL policy to the policyholder within ten days (clause 2, part 1, article 16.1 of Law No. 40-FZ).

After the insurer has reviewed the claim and assessed the documents attached to it, based on the results of this review, it must either agree with the requirements of the insured and pay the latter the amount of money that he wants to receive, or send the victim a justified refusal to pay, with specific instructions that What are the reasons for not satisfying the stated requirements?

And only after the victim receives a response with a refusal to pay, the policyholder will be able to file a claim in court without the risk that his claim will be left without consideration due to the lack of evidence of a pre-trial settlement of the dispute.

Published judicial practice also speaks to this. As stated in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 N 58 (clause 96), the victim can file a claim against the insured only after receiving a response from the insurance company to the claim, or after the ten days established by law have expired about compulsory motor liability insurance, which are given precisely so that the insurance company can carefully and without haste study the claims of the victim.

Thus, pre-trial settlement of the dispute by directly contacting the insurance company with a claim of disagreement is mandatory, and the insurer’s response within the period established by law is equally mandatory.

How to draw up and submit a pre-trial claim

A pre-trial claim under compulsory motor liability insurance can be written in the usual free form; there are no mandatory requirements for its details.

The pre-trial claim must include the following information:

the name of the insurance company, its legal and actual address, as well as information about its director (full name);
details of the applicant (full name, place of residence);
title of the statement;
a brief description of the actual circumstances, their essence, as well as your insurance policy number;
an exact list of the requirements that you present to the insurance company;
the circumstances that served as the basis for the appeal (in this case, it would be correct to refer to the norms of the current legislation);
the applicant's surname and signature;
The date your claim was filed.

Please note that a letter from the insurance company denying your claim, if it makes such a decision, will be sent to the postal address that you provide in your application. Accordingly, if for some reason you do not live at your place of permanent registration, be sure to indicate your actual address.

The pre-trial claim can either be sent by mail in a valuable letter with an inventory of the documents it contains, or taken to the insurance company in person. If you choose the second option, you should have two copies of the text of your application - one of them, together with the documents that you specified as an attachment, you will leave to the insurer, the other will indicate that the claim has been received, the date of receipt and the incoming number. You can ask the person who accepts your claim and signs your copy to decipher his signature and legibly put his last name next to it.

In the text of the claim, you must list the documents that you are attaching to it with an exact indication of the number of sheets, and not just attach the documents.

In addition, either directly into the text of your application or as a separate document to the claim, you should add your bank account details so that the insurer that decides to satisfy your claims has the opportunity to transfer you the amount of losses caused to you by bank transfer.

Sample pre-trial claim under OSAGO

At OJSC "Maxim"
690012, Vladivostok, st.
Irtyshskaya, 12 “a” from Ivanov Peter Sidorovich
690024, Vladivostok, st.
Peter the Great, 4 apt. 26 st.t. 89147067098

On January 18, 2019, I, Petr Sidorovich Ivapnov, contacted the Maxim insurance company to receive the insurance payment due to me (payment case No. 135474).

On 02/08/2019, the insurance company Maxim OJSC partially fulfilled its obligations and transferred to my bank account specified in the application an amount of 13,500 (Thirteen thousand five hundred) rubles.

However, I believe that the amount of the payment made is significantly underestimated, and I categorically disagree with this amount for the following reasons.

On 02/09/2019, I contacted the independent examination of Alliance LLC. In accordance with my expert opinion No. 155 dated February 19, 2019, provided to me by Alliance LLC, in order to restore my car damaged in an accident, I will need to spend a sum of money in the amount of 70,000 (Seventy thousand) rubles even taking into account the wear and tear of the vehicle.

Considering the above, guided by Art. 16.1 Federal Law No. 40 “On OSAGO”, I ask you:

Pay me the existing difference between the actual cost of what is necessary for the restoration of a vehicle that belongs to me - a Toyota Prius, 2014 onwards. in accordance with the conclusion of a specialist from Alliance LLC No. 155 dated February 19, 2019, and the amount that was paid to me in payment case No. 135474. exactly 70,000 rubles. — 13,500 rub. = 56,500 (Fifty-six thousand five hundred) rub. 00 kop.
In accordance with the receipt I have, pay the cost of services provided by Alliance LLC based on the conclusion of a specialist in the amount of 4,500 (Four thousand five hundred) rubles. 00 kop.

If there is no response or refusal of my demands, I will be forced to file a claim in court for compensation for damages as a result of the accident. In this case, I will additionally make demands for payment of legal services. since I do not have legal knowledge, and will be forced to resort to the help of a specialist.

Besides. I will raise the question of paying me a legal penalty.

Applications (materials in copies):

_____________ Ivanov P.S.
02/20/2019

What documents must be attached to the pre-trial claim?

The pre-trial claim must be accompanied by documents that will help you substantiate your claims. The more detail you can prove your claims, the greater your chances of getting justice. You need to attach the following documents:

the insurance contract that you have in your hands (the victim’s MTPL policy);
a copy of your civil passport;
documents that confirm that you are the owner of the car damaged in the accident;
documents confirming that an insured event took place;
documents justifying the amount of harm caused (expert opinion).

Such a conclusion must be carried out in order to establish the exact amount of damage, and you must organize it at your own expense in an expert organization that has the appropriate certificate.

Important ! You can make such a conclusion yourself after you have already provided your car for inspection and evaluation in agreement with the insurer, but you were not satisfied with the result of the conclusion you received. If you have not done this, the results of your independent examination will not be accepted. Moreover, in this case the insurer will have the right to return your claim to you without consideration.

As already mentioned, the insurer must consider your claim no later than within ten days. This period applies only to those applications submitted in relation to accidents that occurred after 07/04/2016.

Who should file a claim under MTPL?

Such a claim can be submitted either to the insurance company that issued you the MTPL policy, or directly to the person responsible for the accident. This circumstance and the choice of recipient depends solely on the situation and the amount of damage caused to you. Current legislation provides for the possibility of sending an application to both simultaneously.

Such situations include the following:

the insurer does not have the ability to pay damages in the amount indicated in the specialist’s report as the cost of damage;
several victims were injured in the accident, and the specified amount is not enough to cover the damage to all participants in the accident;
the person at fault for the accident does not have a compulsory motor liability insurance policy, or his policy is expired;
if your car is damaged in a situation that cannot be considered an insured event;
if the victim suffers moral damage, which is not direct actual damage and is not paid by the insured.

The pre-trial claim is sent to the culprit of the accident at the place of his registration, or at his actual place of residence. If you know both addresses, you can send a claim to both addresses. In this case, the claim should indicate the date after which you intend to seek legal protection.

Deadlines for filing a pre-trial claim

After the occurrence of what is commonly called an insured event, the insurance company is given twenty days so that it can transfer compensation to the victim’s account, taking into account the documents that were provided to them along with the application for payment.

When filing a pre-trial claim, you must take into account the deadlines for such filing established by law. From an analysis of current legislation, it is clear that the victim has the right to file a pre-trial claim from the day he learned:

that the insurer does not intend to pay him insurance compensation and transfer funds, or refuses to pay for car repairs as compensation for damage;
that the insurer intends to compensate for losses not in the amount stated by the victim, and is going to pay (or has already paid) only part of the insurance compensation.

Important: from this same time the statute of limitations begins to run, during which victims have the right to go to court. This period is generally three years.

In addition, the victim can send an application (claim) to the organization that issued him the MTPL policy immediately the next day after the twenty-day period expires, excluding official holidays, which are indicated in the Labor Code of the Russian Federation as non-working days.

Responsibility for failure to meet deadlines

Starting from March 28, 2017, Federal Law No. 49-FZ provided for the liability of insurance companies that do not comply with the deadlines established by law for sending the victim a justified refusal to the pre-trial claim received from the victim in the form of so-called “financial sanctions.” Now the insurer is forced to pay 0.05 percent of the statutory insured amount daily.

Grounds for refusal of a claim

The law establishes the right of the insurance company to refuse a person who filed a pre-trial claim in specific, exhaustive cases:

the application does not indicate the victim, but another person who does not have a notarized power of attorney from the victim to grant the applicant the relevant rights;
all necessary documents that form the basis for the stated requirements were not attached to the claim;
the claim did not contain the necessary details of the victim, as a result of which it was impossible to transfer insurance compensation to him;
in other cases established by current legislation.

Form and example of a claim for payment of compulsory motor liability insurance

Any insurance company wants to reduce the payments due to the policyholder. If a person does not agree with the amount reimbursed, a claim is filed under OSAGO. Such a claim is one of the ways of pre-trial settlement of a dispute. Let's take a closer look at what such a document means and how the whole procedure occurs.

Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your specific problem, please contact the online consultant form on the right →

It's fast and free! Or call us by phone (24/7):

If you want to find out how to solve your particular problem, call us by phone. It's fast and free!

Pre-trial claim under compulsory motor liability insurance

Paying compensation to a victim in an accident is the direct responsibility of the insurance company. It is quite logical that each party wants to save their own money, and the insurance company also wants to make money. Therefore, there are a huge number of situations where policyholders are dissatisfied with the payments received. Let's look at an example of a claim under MTPL and what it should look like in 2019.

Legal requirements

In accordance with the Law of the Russian Federation No. 40-FZ, since 2014, a pre-trial claim to an insurance company is a mandatory step before going to court. So, according to the provisions of Art. 16 it is possible to initiate legal proceedings after a claim has been written. Without this, it is impossible to file a claim under contracts signed after September 2014.

As practice shows, such a document is also a fairly effective way to reach a compromise, since the judicial procedure is regarded by the insurer as an even more costly undertaking. Except in cases, of course, when he is sure that he is right.

When to compose

Writing a claim is relevant if there is a dispute under MTPL. There may be many reasons for this. Let's look at the most common reasons.

1. They paid little. This is the most common basis for disagreements between the parties. After an accident, a vehicle technical examination is carried out by representatives of the insurance company, which raises doubts about its objectivity, since it is an interested party.

Such funds are often not enough to cover the cost of repairs. Therefore, many drivers who do not trust the results of the insurance examination carried out exercise the right to organize their own independent examination. In this case, the initiator bears all expenses. If the results differ from the results of the first examination by more than 10%, it makes sense to challenge the insurer’s decision.

2. Refusal to pay for road accidents. The law clearly provides for cases when compensation is not allowed. These include:

the document was sent by the applicant, who is not a victim and does not have a power of attorney;
materials substantiating the applicant’s demands have not been submitted;
bank details where to transfer money are not indicated;
failure to provide the vehicle for inspection when choosing a form of compensation in kind.

In all other circumstances, refusals to pay insurance money should be appealed.

3. Delays in payment. The regulations stipulate that funds must be paid within 20 days. Violation of this deadline is also grounds for filing a claim.

How to compose correctly

You can make a claim in free form. Some insurance companies provide forms specially designed for this purpose.

The contents of the claim must be as follows:

name of the insurance organization;
information about the applicant, his contact details;
circumstances of the case, references to unfulfilled clauses of the contract;
requirements for the insurer;
bank details where funds must be transferred;
date and signature of the applicant.

Drawing up a pre-trial claim involves attaching documentary evidence to it. When studying a sample claim, you can see that it also often indicates a possible resolution of the issue in court if compensation is not paid.

Claim to the insurance company under compulsory motor liability insurance. Sample

To better understand how to write a claim to an insurance company, check out the example below.

If a document is written on behalf of a legal entity, you must also indicate the details of the authorized person.

What documents need to be attached?

The validity of your requirements must be supported by documents. Therefore, the claim will be properly considered if submitted along with the accompanying materials:

a copy of the applicant's passport;
a copy of the documents for the car;
policy;
certificate of accident or euro protocol;
a medical certificate if damage to health has been caused;
conclusion of an independent examination (if any);
receipts for expenses not covered by insurance.

How and where to send

The documents must be sent to the same insurance company where the application for payment was written. If the company is declared bankrupt, then you should contact the Russian Union of Auto Insurers. To ensure that the insurer is held liable, documents can be brought in person or sent by registered mail with an inventory and delivery receipt.

Deadline for filing a claim

You can submit a claim:

after receiving a refusal to make payments for three years;
after receiving not the entire amount;
after 20 days after writing the application for payment.

Deadline for responding to a claim under compulsory motor liability insurance

At the same time, many are interested in how many days the application is considered. Thus, the period for consideration of claims under compulsory motor liability insurance is 5 days. After their expiration, the insurance company must pay the money or give a written (mandatory) refusal.

What to do if they refuse

The applicant does not always receive a positive response to his claim. At every opportunity, insurance companies try to refuse to satisfy the claims put forward, even if there are no compelling reasons for this. In such situations, the victim has the right to go to court. To do this, a statement of claim is drawn up, in which you can demand payment of the following types of compensation:

insurance compensation;
costs for the services of a representative in court;
moral damage;
interest on the use of other people's funds;
a fine of 50% of the amount awarded by the court for failure to voluntarily comply with the client’s requirements.

The following package of documents will need to be attached to the application:

copy of passport;
a copy of the policy;
copies of all documents that were submitted to the insurance company (licenses, car documentation, examination results, etc.);
a copy of the complaint and the response to it;
power of attorney (if interests are represented by a third party);
receipt for payment of state duty.

Depending on the circumstances, the court may satisfy all the demands set forth in the claim or oblige the insurance company to transfer funds for one type of payment.

Conclusion

The law of the Russian Federation establishes the obligation of a car owner to insure his vehicle. At the same time, he expects fair compensation for damages in an accident.

If his hopes are ultimately not met, this becomes the basis for filing a claim with the insurance company. Today, this is a mandatory method of pre-trial settlement of the issue. If the claim is not satisfied, the applicant has the right to initiate legal proceedings, which will entail even greater financial costs for the losing party.

Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please contact the online consultant form.

It's fast and free! Or call us by phone (24/7):

If you want to find out how to solve your particular problem, call us by phone. It's fast and free!

Pre-trial claim about disagreement with the payment made under OSAGO

If the insurance company has made a payment under compulsory motor liability insurance and you are not happy with the amount. Then you need to prepare and submit this pre-trial claim. Check it out, everything you need to do is indicated.

The pre-trial procedure for resolving disputes regarding the payment of insurance compensation under an MTPL agreement is provided for in Chapter. 5 “Regulations on the rules of compulsory civil liability insurance of vehicle owners” (approved by the Bank of Russia on September 19, 2014 No. 431-P).

If the pre-trial procedure for resolving the dispute is not observed, the judge has the right to return the claim on the basis of Art. 135 Code of Civil Procedure of the Russian Federation.

Thus, the victim has the right to file a lawsuit against the insurance company for payment of insurance compensation after receiving the insurance company’s response to the claim or after the expiration of the five-day period established by paragraph 1 of Art. 16.1 of the Law on Compulsory Motor Liability Insurance for consideration by the insurer of a pre-trial claim, with the exception of cases of extension of the period provided for in clause 11 of Art. 12 of the Law on Compulsory Motor Liability Insurance (clause 50 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 29, 2015 No. 2).

Name of the insurance company (branch)
________________________________
address of the insurance company (branch)
______________________________
surname first name patronymic of the policyholder
________________________________
place of residence
________________________________
Contact telephone

No. of the payment case / No. of the application for the insured event (if known)

Pre-trial claim
about disagreement with the payment made

_____________ 201 __ I contacted your insurance company for payment under compulsory motor liability insurance.

_____________201__ all necessary documents for payment of insurance compensation were submitted.

_____________201__ I received an insurance compensation in the amount of __________ rubles.

I do not agree with the amount of insurance compensation for the following reasons. The amount paid is not enough to restore the damaged vehicle. In this regard, the victim was forced to contact the independent expert organization LLC “___________”.

According to paragraph 1 of Art. 16.1 of the Law on Compulsory Motor Liability Insurance, if the victim disagrees with the amount of the insurance payment, the victim sends a claim to the insurer and attaches documents substantiating the claims.

According to the assessment report No. ___ LLC "_________", the costs of repairing a car __________, after an accident that occurred on _____________ 201 __, taking into account wear and tear, amount to ____________ rubles, loss of marketable value __________ rubles.

Also, you have not paid the costs of a tow truck in the amount of ______ rubles, storage costs of _________ rubles, costs of __________, which, according to clause 4.12 of the Regulations of the Central Bank of the Russian Federation “On the rules of compulsory insurance of civil liability of vehicle owners,” are subject to reimbursement by the insurer.

In violation of clause 18 of article 12 of the law on compulsory motor liability insurance and clause 4.12 of the Regulations of the Central Bank of the Russian Federation “On the rules of compulsory insurance of civil liability of vehicle owners,” the insurance compensation was not paid by you in full, the underpayment of insurance compensation is: _______ rubles.

Due to your improper fulfillment of your obligations, I incurred losses consisting of assessment costs in the amount of _________ rubles.

According to paragraph 1 of Article 393 of the Civil Code of the Russian Federation, the debtor is obliged to compensate the creditor for losses caused by non-fulfillment or improper fulfillment of obligations.

By virtue of Article 15 of the Civil Code of the Russian Federation, a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount. Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right.

Based on clause 21 of Art. 12 of the law on compulsory motor liability insurance, you are obliged to pay a penalty of 1% for each day of delay, starting from 21 days after receiving the application for insurance payment, for the period from ________ 201__ to the day of payment.

The penalty in this case is _____________ rub. per day (amount of underpayment*1%).

Due to the fact that your actions violated my rights,

I ASK, within _____ days from the date of receipt of this claim:

Make an additional payment of insurance compensation in the amount of ________ rubles.
Compensate for losses consisting of assessment costs in the amount of __________ rubles.
Pay the penalty for the period from ________ 201__ to the day of payment at the rate of _______ rubles. in a day

If my legal requirements are not adequately met, I will be forced to go to court. In this case, the claims will include the costs of a representative’s services, a fine (clause 3 of Article 16.1 of the Law on Compulsory Motor Liability Insurance) and compensation for moral damages for violation of consumer rights.

1. Original independent assessment report (or certified copy)

2. Original receipt for payment of the assessment

3. Bank details

_____________ /____________/ Date:___ ________ 20__

Sample claim to the insurance company in case of an accident

In the article you will find a sample claim to an insurance company in case of an accident, which fully complies with the requirements of the current Law of the Russian Federation “On Compulsory Motor Liability Insurance”.

Victims who have decided to go to court with a claim to recover insurance payments must first submit a claim to the insurer.

A claim for compensation for damage caused by a traffic accident must be drawn up in accordance with the rules established by the Law of the Russian Federation “On Compulsory Motor Liability Insurance”.

Failure to comply with legal requirements for the form and content of a claim entails refusal to satisfy it.

The sample claim presented to your attention reproduces the circumstances of a traffic accident involving vehicles, set out in an article posted on our website.

Article to help:

A sample claim to the insurer, drawn up in the pre-trial procedure for resolving a dispute about insurance payment, meets all the requirements of Article 16.1 of the RF Law “On Compulsory Motor Liability Insurance” as amended.

To the Head of OJSC "Insurance Company "EcoStrakh"

legal address: Moscow, Sokolova Avenue

building 1234 building 99 office no. 1111

from Ivanov Ivan Illarionovich, living in

address: N-sk, st. 40 years of Victory, 21 apt. 25.

SAMPLE CLAIM

/for payment of the amount of insurance compensation under the contract

compulsory civil liability insurance/.

On September 10, 2014, between me and the Insurance Company OJSC "Insurance Company "EcoStrakh" (hereinafter referred to as the Insurer), an agreement was concluded for compulsory civil liability insurance of the owner of a vehicle of a Nissan Almera car, state registration plate P 245 MS/150, insurance policy series CCC number 0272254970.

November 5, 2014 at 13:10 on the section of the road adjacent to house No. 22 on the street. Varlamova, N-sk, Moscow region, a traffic accident occurred in which the driver of a Kia Rio car, state registration plate X 707 OR/ 150, Karabanova Ekaterina Alekseevna, violated clause 9.10 of the Traffic Rules of the Russian Federation, did not provide a safe lateral interval and allowed a collision with car Nissan Almera state registration plate P 245 MS/150, which was driven by me, Ivanov Ivan Illarionovich. The circumstances of the road traffic accident are confirmed by the certificate of road accident No. 125/02 -2014, issued on November 5, 2014 by the traffic police department of the Russian Ministry of Internal Affairs for the city of N - sk:

Driver Karabanova E.A. For her violation of the Traffic Rules of the Russian Federation, she was brought to administrative responsibility under Part 1 of Art. 12.15 CRF about AP. Risk of civil liability of the driver Karabanova E.A. insured by Ru-Strakh LLC under insurance policy CCC 0675259977 dated October 2, 2014. The validity period of MTPL agreements concluded by the tortfeasor and the victim with their Insurers is one year.

In accordance with Article 7 of the Federal Law of April 25, 2002 N 40-FZ, as amended on July 21, 2014, “On compulsory insurance of civil liability of vehicle owners,” the Insurer is obliged to make an insurance payment to the victim in the event of damage to property within the insured amount, not exceeding 400,000 rubles.

In compliance with the requirements of Article 14.1 of the Federal Law of April 25, 2002 N 40-FZ (as amended on July 21, 2014) “On Compulsory Motor Liability Insurance”, I contacted the Insurer with an application for payment of insurance compensation in the form of direct compensation for losses. I attached to the application the documents provided for in paragraph 3.10 of the “Regulations on the rules of compulsory insurance of civil liability of vehicle owners”, approved by the Bank of Russia on September 19, 2014 N 431-P. Based on the results of consideration of my application, the insurer made an insurance payment in the amount of 68,760.33 rubles. This amount does not cover the cost of repairing a damaged vehicle.

On my instructions, an independent expert - technician V.G. Dmitriev. My car was inspected and the amount of material damage caused to me was calculated. According to expert opinion No. OA -160/14, the cost of restoration of a Nissan Almera car, state registration plate P 245 MS/150, taking into account the wear of spare parts, components and assemblies to be replaced, is: 114,827.27 rubles. (p. 13 Conclusions).

The estimated amount of damage from damage to the car not compensated by the Insurer is:

114827.27 rubles –68760.33 rubles = 46066.94 rubles.

Due to a traffic accident, I incurred the cost of evacuating my car from the scene of the accident to the parking lot in the amount of 3,000 rubles. The cost of expert services is 5,000 rubles.

The total amount of damage not compensated by the Insurer is:

46066.94 rubles + 3000 rubles + 5000 rubles = 54066.94 rubles.

In accordance with the above, guided by Article 16.1 of the Federal Law of April 25, 2002 N 40-FZ (as amended on July 21, 2014) “On OSAGO”

Within 10 working days from the date of receipt of this claim, pay me an insurance compensation in the amount of 54,066.94 (fifty-four thousand sixty-six rubles, ninety-four kopecks).

Please transfer the specified amount using the following details (indicate account and bank details).

In case of failure to comply with the requirements specified in the claim, I reserve the right to apply to the court for forced collection from the Insurer of the amount of the specified insurance payment, a penalty (penalty) for late claims for insurance payment, a fine and legal expenses.

a copy of the agreement - invoice No. 127 dated November 5, 2014 for payment for tow truck services, a receipt for payment for the services of an expert - technician, expert opinion No. OA -160/14 on the cost of restoration of a Nissan Almera car, state registration plate R 245 MS / 150.

December 01, 2014

Dear readers, using the example of a sample claim to an insurance company in case of an accident, we examined one of the possible options for filing the victim’s claims against the insurer arising from the MTPL agreement.

It should be remembered that the content of the claim in each individual case is determined by the nature and extent of the harm caused, as well as the degree of violation of the rights of the victim.

Claim to the insurance company under compulsory motor insurance

LLC SK "__________"
_________________________________

From: ___________________________________
_________________________________________
Mob. tel.: ______________

As a result of a traffic accident that occurred ____________ at the address: ________________________________, a car of the brand "_________________", state registration plate ___________, owned by me - ___________________, on the right of ownership, received technical damage.
The second participant in the accident was _________________________, who, while driving a vehicle _________, state registration plate ____________, violated clause 1.3 of the Traffic Regulations, part 1 of Art.
12.16 Code of Administrative Offenses of the Russian Federation. According to the resolution on an administrative offense dated __________, ______________________ was found guilty of committing an administrative offense.
Based on a certificate of a traffic accident dated _____________.
As a result of an accident, a car of the brand "_________________" received the following technical damage: hood, front left fender, front right fender, front panel. Broken: front bumper, radiator grille, front left side headlight. Also, according to this certificate, hidden damage is possible. By virtue of Art.
1064 of the Civil Code of the Russian Federation, harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm. In accordance with paragraph 4 of Art.
931 of the Civil Code of the Russian Federation, in the case when liability for causing harm is insured due to the fact that its insurance is mandatory, the person in whose favor the insurance contract is concluded has the right to present directly to the insurer a claim for compensation for harm within the limits of the insured amount. According to Part 1 of Art.
14 Federal Law No. 40-FZ “On compulsory insurance of civil liability of vehicle owners” dated April 25, 2002, the victim has the right to make a claim for compensation for damage caused to his property directly to the insurer who insured the civil liability of the victim, if the following circumstances exist simultaneously : a) as a result of a traffic accident, damage was caused only to property;
b) a traffic accident occurred with the participation of two vehicles, the civil liability of whose owners is insured in accordance with this Federal Law.
The risk of civil liability of the culprit at the time of the accident was insured by OJSC IC "______", according to the OSAGO VVV __________ policy.
Based on the insurance contract, my civil liability is insured by LLC “________”, according to the OSAGO BBB __________ policy, valid from ___________ to __________.
By virtue of clause 1 of Art.
961 of the Civil Code of the Russian Federation, the policyholder under a property insurance contract, after he becomes aware of the occurrence of an insured event, is obliged to immediately notify the insurer or his representative of its occurrence. If the contract provides for a period and (or) method of notification, it must be done within the agreed period and in the manner specified in the contract. In accordance with the current legislation, I, _____________, with a complete set of documents on _________, applied to LLC “________” with a claim for compensation for damage caused to property.
Based on clause 5 of Art.
11 of the Federal Law “On compulsory insurance of civil liability of vehicle owners”, in order to resolve the issue of making an insurance payment, the insurer accepts documents on a road accident, drawn up by authorized police officers. According to paragraph 2 of Art.
12 of the Law, in case of damage to property, the victim, who intends to exercise his right to insurance payment, is obliged to present the damaged property or its remains to the insurer for inspection and (or) organization of an independent examination (assessment) in order to clarify the circumstances of the harm and determine the amount of damages to be compensated. The insurer is obliged to inspect the damaged property and (or) organize its independent examination (assessment) within a period of no more than five working days from the date of the corresponding request from the victim, unless another period is agreed upon by the insurer with the victim.
In accordance with the legislation of __________, the insurance company organized an independent examination.
However, until now I have not been acquainted with the results of the calculation of restoration repairs.
The insurance company employees, explaining that their license was limited, refused to pay me the insurance compensation.
In accordance with the Order of the Federal Service for Financial Markets dated June 07, 2011 No. 11-1371/pz-i “On limiting the validity of the insurance license of Russian National Insurance Company OJSC - due to failure of Russian National Insurance Company OJSC to comply Thus, within the established period of time, the order of the Insurance Supervision Inspectorate for the Siberian Federal District dated November 15, 2010 No. I6-P592/03-06 is limited until the identified violations are eliminated, the validity of license C No. 1517 77 dated April 29, 2010 for the provision of insurance for compulsory insurance of civil liability of vehicle owners Open Joint Stock Company "Russian National Insurance Company".
According to Part 5 of Art.
32.6 Federal Law No. 4015-1 of November 27, 1992 “On the organization of insurance business in the Russian Federation”, restricting the validity of an insurer’s license means a ban on concluding insurance contracts for certain types of insurance, reinsurance contracts, as well as introducing changes that entail an increase in the insurer’s obligations, into the relevant agreements. Limiting the validity of an insurer's license does not relieve the insurer from the obligation to pay insurance compensation under concluded MTPL contracts.
Based on the above, OJSC IC "_________" has no grounds for refusing me - ________________________, to pay insurance compensation.

On the basis of the above, -

In order to compensate for damage caused to property, pay insurance compensation for the repair of a car “________________”, state registration plate ____________.

In case of refusal or improper satisfaction of my demands, I will be forced to go to court with a claim for compensation for the material damage and moral damage caused to me. In this case, your expenses will increase due to payment of legal expenses, including the costs of the services of a representative, whose help I will be forced to turn to.

Please notify me of your decision within the period established by law at the following address: __________________________________________