Sample claim for payment of damages to the culprit of an accident

After an accident, the injured party wants to compensate for the damage caused to it. At best, this can be done by agreement. If an agreement cannot be reached, a pre-trial claim may be sent to the person responsible for the accident. When compensation is recovered from an individual, the victim has the right to immediately go to court. However, if the proceedings are conducted against an insurance company or other legal entity, the claim will not be considered without a pre-trial claim. To compose a document correctly, you should use the sample at the end of the article.

How to prepare a claim

The form is drawn up in any form, taking into account recommendations for the preparation of business documents.

What needs to be specified?

details of the person responsible for the accident;
compiler's data;
Title of the document;
detailed description of the collision;
data of the car driven by the person responsible for the accident;
details of insurance policies of participants in the accident and information of insurers;
designation of the offense;
listing of damage to the vehicle with the attachment of an independent examination;
specific requirements of the applicant;
the period for satisfying the claim (usually 10 days);
list of attached documents;
date of compilation and signature.

Before going to court with a claim, it is recommended to send the claim to the guilty party. If we are talking about individuals, attempts to resolve the issue pre-trial are not at all necessary. Proceedings in court will require a lot of time and financial costs, so it is better to settle the dispute peacefully.

If the culprit of the accident was driving a car that belongs to the organization, filing a pre-trial claim is mandatory before going to court.

Before filing a claim with the arbitration court, you must send a written claim to the organization that owns the car. In this situation, it is not the driver, but the company that will compensate for losses. In practice, there are cases when compensation is paid by them jointly.

Rules for writing text

Before writing an application, it is worth familiarizing yourself with several rules that are relevant for most business documents.

What is important to do when composing a text?

Express thoughts clearly and concisely.
Provide evidence to support your conclusions.
Avoid rude and harsh expressions.
Make specific demands.

From the pre-trial claim, it should become clear to the person at fault for the accident how much the victim expects to receive. He may demand money to pay for repair work, independent examination, evacuation and more. It is also worth explaining why compensation is not collected from the insurance company.

In what cases is the issue resolved through a claim procedure?

After receiving an MTPL policy, the damage caused by the driver is covered by his insurance company. If only the insured vehicles were damaged during the collision, compensation may be obtained from the victim's insurance company.

In some cases, the driver has to file a pre-trial claim against the person responsible for the accident or go to court. Among them:

refusal to pay compensation by the insurance company;
lack of compulsory motor liability insurance policy (or expired insurance);
damage to the car not while driving (for example, while parked);
incomplete satisfaction by the insurance company of the claims of the injured participant in the accident;
the need for compensation for moral damage;
bankruptcy or liquidation of the insurance company with which the contract was concluded.

Civil liability is insured for an amount of up to 400 thousand rubles. If after an accident the car is seriously damaged and repairs require an amount that exceeds this limit, the victim can request the remaining money from the culprit himself.

When the person driving the car by proxy becomes the culprit of the accident, compensation is recovered from the driver. But before that, he needs to document his right to use the vehicle.

What documents should be attached

To receive compensation, it is necessary to document all the circumstances referred to by the applicant. At the end of the form there is a section for listing the attached papers. The compiler makes copies of them and, if necessary, notarizes them.

Important! All circumstances referred to by the victim must have documentary evidence.

It is better to attach the following forms to the pre-trial claim:

certificate of accident;
title documents for the vehicle;
results of independent examination;
paid receipts for evacuation, repair and storage of cars.

The list used here can be supplemented with other papers if necessary.

The completed pre-trial claim is handed over to the person at fault for the accident in person or sent by registered mail. It can also be delivered via courier.

Before going to court, it is advisable to send a pre-trial claim to the person at fault for the accident. This document reflects the data of the participants in the accident, information about the damaged vehicle and the circumstances due to which this amount cannot be obtained from the insurance company. All stated facts must be confirmed by copies of documents. The claim does not have a single form. Then you can download the sample from the link.

How to properly file a pre-trial claim against the culprit of an accident

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Car accidents occur on the roads every day. But what to do if you get into an accident and the culprit does not admit his guilt?

There are insurance companies to compensate for damage caused to a vehicle. Also, the culprit of the accident can personally cover the damage caused.

If the culprit refuses to pay a certain amount of money, the victim can file a pre-trial claim.

What is a pre-trial claim and why is it needed?

A pre-trial claim is a written statement from the victim, which is necessary to compensate for damage caused as a result of a traffic accident.

The culprit independently pays the amount of damage if:

the amount of monetary compensation exceeds the amount specified in the contract with the insurance company. At the moment, this figure is 400 thousand rubles. Independent experts are invited to estimate the cost of repairs. If the repair of the vehicle exceeds the mark of 400 thousand rubles, then the culprit pays the remaining amount himself;
Several vehicles were damaged during the collision. In this case, if the cost of repairs is more than 400 thousand rubles, then the funds are distributed among all victims. The rest of the amount is paid by the culprit personally. In most of these accidents, the insurance company does not take responsibility for such actions of the culprit. This obliges him to pay for the repairs himself;
the culprit does not have insurance for his vehicle or its validity has expired;
the driver committed an accident under circumstances when the victim’s car was not moving;
a pre-trial claim allows you to pay the victim for moral or physical damage.

The application is the first step in compensating for damages, but a pre-trial claim does not need to be filed, and you can immediately go to court to pay the entire amount.

Claim against the culprit of an accident without compulsory motor liability insurance

In a pre-trial claim by a victim for payment of damages to the culprit of an accident without insurance, the victim may demand that the culprit pay for repairs and pay for moral or physical damage, if any. This form of resolving the situation by finding compromises on both sides can save a lot of time and money, and can also be sorted out without going to court at all. However, it is worth considering that this pre-trial offer to cover the costs of the injured party must be justified and as clear as possible to the other party.

How to write correctly - filling samples

Before submitting a pre-trial claim, regardless of whether the at-fault party has an insurance policy or not, the victim needs to prepare the necessary documents and additional information about the accident and the culprit:

a protocol on the administrative offense committed by the culprit of the collision, which resulted in an accident;
a certificate of a traffic accident issued by the State Traffic Inspectorate;
act on the occurrence of an insured event (if any);
checks or other documents confirming payment for services, the cost of which must be paid along with compensation for material damage;
any documents that support the claims of the injured party;
a telegram calling the second party indicating the time and place of the technical examination.

The victim can make a pre-trial claim in any form independently by downloading a form on our website or seek help from a professional lawyer.

Download the claim form

Sample pre-trial claim to the culprit for damages

A pre-trial claim against the culprit for compensation for damage is drawn up in any form. The content of the claim in each case will be different, depending on the size and nature of the damage, the circumstances of the case and other facts, but there are points that each claim must contain:

Information about the culprit (full name, specific residential address);
Full information about the traffic accident. To describe this item, it is recommended to provide as much information as possible:
- place and time of the accident;
- state license plates of vehicles;
- insurance policy numbers;
- Insurance companies;
- what exactly happened during the collision;
- what damage was done to the car?
Documents from experts based on the results of an independent examination;
How much the insurance company paid and how much the culprit still has to pay;
Moral or physical damage to the victim;
Information about the victim (residence address, telephone number);
The period of time required to resolve the payment in court.

Download a sample claim

Sample pre-trial claim against the culprit without insurance

Drawing up a pre-trial claim in the event that the guilty party does not have insurance or has a compulsory motor liability insurance policy is almost identical. The main difference will be the attachments and documents for the insurance company to submit a claim in the presence of compulsory motor liability insurance.

A pre-trial claim against the culprit without insurance must necessarily contain:

documentation about an accident, which is issued by the State Traffic Inspectorate;
insurance claim report;
a document stating that the culprit committed the accident;
confirmed documents about the amount of damage the culprit caused;
telegrams necessary for the technical examination, which determines the amount of damage. It is also necessary to indicate the time and place of the examination. The document can be received by mail;
the final result of the examination;
documentation that confirms the guilt of the car owner for the damage caused.

Download a sample claim

How and where to send a claim

First, you will need to collect all the necessary information about the accident, the damage caused, and an independent examination. After that, fill out the application in the correct order. Only after all this can you submit a claim.

The time frame for responding to a pre-trial claim depends on the culprit. After drawing up all the documents for the victim, the completed claim with all additional documents is sent by the injured party to the residence address (legal address) of the person responsible for the accident by courier delivery or by mail in a valuable letter with a list of the documents enclosed.

If he ignores the application for reimbursement of funds, the case must be sent to court.

Pre-trial claim against the culprit of an accident without insurance

Russian legislation obliges all drivers to insure their vehicle. However, unfortunately, not everyone follows the letter of the law. In addition, there are cases when the current insurance has already expired, and the car owner has not yet managed to purchase a new policy.

And still no one is immune from accidents. If the driver turns out to be at fault for the incident, he will not have to rely on the insurance company and compensation for the damage caused will fall on his shoulders. To do this, the victim sends a pre-trial claim to the culprit of the accident without compulsory motor liability insurance.

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What kind of document is this?

A pre-trial claim for an accident is a written document containing the demands of an individual (group of persons) to compensate for the damage caused by the accident. Some try to verbally agree with the other party on the procedure for voluntary compensation, but such an agreement does not provide any guarantees. Therefore, to gain confidence that payments will be made, it is better to arrange everything properly.

Cases when a claim is necessary

You will need to write such a document in several cases. So, let’s look at the situations in which a pre-trial claim is constituted:

Damage is not covered by insurance payments. Civil auto insurance provides the maximum amount that the insurance company can pay in the event of an accident. It amounts to 400 thousand rubles. However, such funds are not always enough to compensate for the damage caused to the vehicle. Then the missing amount should be demanded from the culprit.
Several vehicles were involved in the accident. But in this case, the limited amount will be distributed among all victims, this, in turn, increases the chances that the money paid will not be enough to cover the expenses incurred.
Lack of compulsory motor liability insurance or expiration of the policy, as well as in the event of the insurer’s legal refusal to make payments.
The situation does not fall under the concept of an accident. For example, a driver damaged another owner’s car not while driving, but when they were in the parking lot and he simply hit someone else’s car with the door of his car.
Not only material but also moral harm was caused to the person. For example, if a driver hit a pedestrian, and, in addition to the cost of medicine, he also needed mental health treatment after the shock he experienced.

Compiling a document

A pre-trial claim to the person at fault for an accident does not have a strictly defined template and is drawn up in free form. The injured party can draw it up independently. If you wish, you can seek help from qualified lawyers to draw up a pre-trial claim.

Required information for a claim

For a document to be correctly drawn up, it must contain the following information:

information about the culprit of the incident;
complete information about the accident: date, time and place of the event, description of the details of the accident, its consequences, as well as the damage caused;
how much damage was estimated by the automotive technical expert, data on the cost of car repairs;
the amount paid by the insurance company (if such payments existed);
the difference between insurance payments and actual damage;
the principle of determining moral damage (when there was such);
demand to pay the missing amount;
how much time is given to compensate for damages from an accident;
contact details of the injured party.

How to fill it out correctly

As already noted, the claim to the culprit of the accident does not have a mandatory form. It can be filled out by hand or printed on a computer. It is better to draw up the document in two copies at once or keep a copy of it in case you have to involve authorized bodies in the consideration of the case.

Make sure that the information in the claim matches what is listed in the accompanying documentation.

What to demand from the culprit

A driver's claim for damages may contain various requirements:

carrying out or paying for the repair of a vehicle and eliminating damage caused in a traffic accident;
reimbursement of expenses, including treatment of injuries received by the injured party;
compensation for payment for other services (tow truck, independent examination, legal advice, etc.);
compensation for moral damage.

Additional documents

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

a certificate of an accident drawn up by traffic police officers;
a document from the insurance company about the occurrence of an insured event;
administrative violation protocol;
checks, receipts and other documents that can confirm expenses incurred;
documents for the car confirming the right to receive compensation;
results, as shown by the examination of road accidents;
other documents substantiating the claims of the victim (medical documentation, contract for the provision of legal assistance, etc.).

Road accident claim form

You can ask the traffic police for a sample form in case of an accident, take it from a lawyer during a consultation, or simply find it on the Internet.

Download the pre-trial claim form for an accident without insurance (.doc)

Sample pre-trial claim to the culprit of an accident without compulsory motor liability insurance

Read the pre-trial claim to the culprit of the accident, a sample of which is presented below.

Download a sample pre-trial claim for damages after an accident (.doc)

What to do with the document

A pre-trial claim against the culprit of an accident without insurance is first submitted to the culprit of the accident. As a rule, drivers are afraid of possible further consequences and make contact with the victim. A second copy or copy of the complaint should be kept in your possession in case of litigation.

Where and how to serve

A pre-trial claim for an accident is served on the guilty party in one of the following ways:

personally;
via courier;
by registered mail with notification.

In the first case, the culprit should make a note about receipt of the document on your sample claim. If you choose one of the last two options, you must save all receipts, receipts and other documentation confirming the shipment.

Deadline for submission and review

The time frame for reviewing documents of this kind is not specified in the regulations. The only thing that is said is that he must be reasonable. The victim himself in the claim must determine the time frame for the culprit to fulfill the demands put forward. As a rule, this period ranges from 10 to 30 days.

Damage compensation period

Speaking about the return of damages by the driver responsible for the accident, it should be noted that he needs to adhere to the deadlines specified in the claim. If it is impossible to invest in such a time frame, it is necessary to contact the victim, explain the situation to him and negotiate other deadlines for fulfilling the obligation if he makes concessions.

When they can refuse

The claim document is not always accepted for execution by the guilty party. Thus, another participant in the incident may refuse to comply with the stated requirements if:

believes that he is innocent of the accident;
believes that his guilt has not yet been proven;
does not agree with the amount of harm caused;
does not agree with the results of the independent examination;
etc.

In this case, the culprit has the right to give a written response to the claim or not to respond to it at all. But it should be borne in mind that in both such cases the victim can go to court.

You should not take such a document lightly. So, if you are really guilty of the incident, this will not play into your hands, but will only entail even more negative consequences.

When to go to court

If the culprit does not have a policy, it is impossible to file a claim against the insurance company. If the guilty party refuses to fulfill the requirements specified in the claim, or the deadline for their fulfillment has expired and no action has been taken, the victim has the right to file a claim in court.

The statute of limitations for such cases is three years. In a claim, the victim may demand:

reimburse actual expenses incurred;
pay the amount that still needs to be spent on restoring the car in the future;
pay the average cost of the car if it is severely damaged and cannot be repaired;
compensate for moral damage;
pay for lost profits.

Along with the statement of claim, you must submit the same documents as with the claim, plus the plaintiff’s passport and a copy of the claim itself, as well as the response to it (if there was one). You will have to pay a state fee to file a claim. A receipt for payment is attached to all documents. The amount of state duty is usually required to be recovered from the defendant if a positive decision is made in the case.

Arbitrage practice

Unlike insurance payments under compulsory motor liability insurance, in court there are no limits on the amounts that plaintiffs can claim. However, the main difficulty in this case is that the culprit may simply not have enough funds to compensate all the costs to the injured party. As practice shows, it is easiest to achieve payments when the defendant is government organizations or private legal entities.

As a rule, if a person whose actions led to an accident admits his guilt, he tries not to bring the case to trial and fulfill the requirements of a pre-trial accident claim on a voluntary basis. This is due to the fact that litigation is necessarily followed by liability and even greater expenditure of both time and money.

Conclusion

An accident is always an unpleasant situation, especially for the owner of the damaged car. The number of problems is multiplied by the absence of a compulsory motor liability insurance policy on the part of the guilty party. In this case, the culprit has to demand compensation for the entire amount of damage caused. Moreover, the latter does not always agree to make contact and pay everything voluntarily. Then a pre-trial claim is drawn up. In case of non-fulfillment, you can go to court to protect your rights.

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!

How to properly file a pre-trial claim against the person responsible for the accident

Without an insurance policy, the injured driver is forced to seek compensation for the damage received through the court, which takes him a lot of time and money. Therefore, motorists more often resolve the issue of paying for damages amicably by issuing a receipt or written agreement. But a pre-trial claim to the culprit of an accident without compulsory motor liability insurance is sent only if he refuses to cover the losses caused by him or ignores the terms of their repayment. What kind of document this is and how to draw it up correctly, we will find out in the article.

What is a pre-trial claim?

From the point of view of the law, a pre-trial claim is a voluntary letter of a purely warning nature. Just like a receipt, it must be certified by a notary so that during further proceedings the mentioned form can be used as evidence.

At the same time, for ordinary citizens, a written claim for an accident to the culprit is not considered mandatory. But with it, the chances of a positive decision by the judge increase significantly. But for legal entities that do not have MTPL insurance, this document is simply necessary, since without it, the hired driver, and not the organization, will have to answer for the damage caused, which is contrary to the legislation of the Russian Federation.

In what case is it served?

It is important to know! If the motorist has a compulsory motor liability insurance policy in his hands, and the amount of damage caused by him does not exceed 400 thousand rubles - for tangible property, and 500,000 rubles. - for the health of the victim, then he has the right to demand compensation from his insurance company. All expenses above the specified amounts will fall directly on his shoulders.

Also, the at-fault driver will have to pay out of his own pocket even in the absence of a motor vehicle license. Refusal to voluntarily cover the costs of treatment or repair of the victim’s vehicle in the listed cases will be considered the primary reason for drawing up a written claim or legal action.

Submission deadlines

Since a written claim is regarded by law as evidence of the guilt of one of the parties, it must be completed within the time limit established by the court. It depends on two main criteria:

Number of affected persons;
The nature of the harm caused.

In the first case, if one person was injured in the accident, the claim is usually processed no longer than 3 months. But if there are two or more victims, this period can double.

Approximately the same principle is observed when calculating the degree of harm caused: the more serious the damage, the more time is given to the guilty party to study the pre-trial claim. Well, if the injured driver does not want to wait for a voluntary response from the second party to the conflict, then he can always file an application against him in court.

Procedure for compilation

Like any other document, a written claim for compensation for damages to the culprit of an accident must be drawn up according to a single template. If the driver cannot draw up such paper on his own, he needs to seek help from a lawyer. After all, a notary will not be able to certify a form with an incorrect structure or incomplete information. And without his signature, the judge will not consider the claim.

When drawing up a warning letter addressed to the guilty party, the injured car owner must adhere to the following sequence of text placement:

A header that indicates who the letter is from and to whom. Placed at the very top of the sheet on the right side;
Document's name. Located in the center of the form, above the main information. Acts as a header;
Text of the claim;
Attached applications. Submitted separately, under the text of the claim;
Date of drawing up the claim and signature of the applicant.

Attention! Changing places or removing the listed data from the form is strictly prohibited. If the rules for filling out a claim are not followed, the citizen most likely will not have to count on voluntary compensation.

Mandatory information

Before submitting a document to a notary for signature, the driver should make sure that his claim includes all the necessary information. Namely:

Initials and registration address of the person responsible for the accident;
Last name, first name, patronymic, place of residence and contact telephone number of the applicant;
Time, coordinates and circumstances of the traffic accident;
Make, model and license plate numbers of both vehicles involved in the accident;
Conclusion from the traffic police report on the initiation of an administrative or criminal (in case of death) case;
Articles of the Code of Administrative Offenses regulating the procedure for covering losses in case of road accidents;
The amount of recovery with a detailed description of expenses (what exactly the compensation money will be spent on);
Appeal to the second party to the conflict with a request to voluntarily pay for the material or moral damage caused by it.

As a rule, the culprits without compulsory motor liability insurance react very actively to claims for compensation for damage in an accident. Otherwise, in addition to the costs of repairing the vehicle and treating the victim, they will also be responsible for the costs of legal proceedings (state fees, assistance from a lawyer, etc.). And this pleasure is not cheap.

Sample claim

We have found out what information needs to be presented in a written complaint to the guilty party, and in what order. For a better understanding of the rules for drawing up a claim, it is worth considering an example of such a document outlined below:

This sample claim for payment of damages for an accident is provided both for those at fault without insurance and for citizens with a compulsory motor liability insurance policy. How much time is allocated by law for consideration of this document, and what to do to the injured driver if the claim is ignored by the second party to the conflict, we will find out from the article below.

Additional materials

In order for the court to consider a written claim as evidence against the guilty party in an accident, it must be supported by certified documents, such as:

Traffic police protocol on an administrative offense as of the day of the accident;
A copy of an extract from the insurance company indicating the amount of funds paid for vehicle repairs or refusal of compensation;
Conclusion from the service station with the total amount of damage caused;
A certificate confirming the right of the injured person to receive payment from the culprit of the accident (PTS or general power of attorney).

With the specified list of documents, the victim must first contact a notary and certify his claim with his signature. And only after this the collected materials can be brought to court together with the statement of claim.

What can you demand from the culprit of an accident?

When setting out demands for compensation for damage caused, the victim has the right to recover from the culprit of the accident:

The full amount of costs for restoration work (if the instigator of the traffic conflict does not have a policy);
Part of the funds that the insurance company did not pay due to any reason.

If the injured citizen does not have evidence of the cost of repairing the vehicle or the damage to his car is not related to the accident that occurred, then the guilty party to the conflict will reserve the right to challenge the claim put forward to him.

Terms of consideration

Both the deadlines for filing a claim and the period for its consideration are not specified by the legislation of the Russian Federation. But the victim can indicate the preferred date of response from the second party to the conflict directly in his letter.

Typically, it takes drivers from 1 to 3 months to resolve such issues. But if the culprit of the accident caused serious harm to a person’s health, then the injured person will have the right to demand prompt reimbursement of expenses from him within 1-2 weeks.

What to do if the culprit does not have insurance

If a motorist does not have a civil liability protection agreement, then all costs in case of road accidents will fall solely on his shoulders. Moreover, this applies not only to owners of movable property, but also to persons who have a general power of attorney or deed of gift for it.

The injured person can recover from the offender the necessary amount to restore the damaged car in two ways:

In the first case, a pre-trial claim is sent to the culprit of the accident with a request for compensation for the harm caused by him of his own free will. The second option already implies the launch of a trial, during which the instigator of the accident will be forced to cover the damage caused to him in accordance with Art. 1064 of the Civil Code of the Russian Federation.

Procedure in case of dissatisfaction of the claim

Unfortunately, the responsibility for ignoring a written claim does not frighten all motorists, and therefore the injured party sometimes has to resort to extreme measures - initiating a lawsuit. To do this she needs:

Collect evidence on the accident;
Write a statement against the second party to the conflict;
Hire a good lawyer;
Pay a single state duty.

After considering the case, the instigator of the accident will pay not only compensation for damage caused to the property or health of a third party, but also all the costs spent by the plaintiff to protect his rights.

We found out what a sample pre-trial claim looks like for someone at fault for an accident without MTPL insurance, and within how many days it should be filed. In conclusion, we would like to add that if you have a car license, such problems can be easily avoided. Ignoring a written request, regardless of the circumstances, is categorically not recommended, as this will only aggravate the situation.

Sample pre-trial claim to the culprit of an accident

This article includes an example taken from legal practice. The given sample of a pre-trial claim to the culprit of an accident was developed taking into account current legislative norms and is recommended to our readers for use in proceedings in cases of auto accidents.

Before going to court with a claim for compensation for damage caused in a traffic accident to the culprit of the car accident, it makes sense for the victim to present demands to the responding party.

An offer of voluntary compensation for harm can be drawn up arbitrarily in the form of a pre-trial claim.

The content of the claim must be logically reasonable and understandable to the recipient.

A claim for compensation for damage caused as a result of violations of traffic rules of the Russian Federation by the culprit of a traffic accident, filed in a pre-trial dispute resolution procedure, in some cases helps the parties to avoid a time-consuming and costly trial procedure.

Before starting a legal battle, we strongly recommend that you try to reach a settlement without going to trial.

Articles to help:

An example of a sample pre-trial claim to the culprit of an accident

Torgashina Svetlana Alekseevna

127400 Moscow,

lane Griboyedovsky d. 4, apt. 112

from Andreev Nikolai Ivanovich,

129432 Moscow region,

Khimki, st. Iskra, 61 sq. 49.

SAMPLE OF PRE-TRIAL CLAIM TO THE culprit of an accident

Dear Svetlana Alekseevna, September 17, 2014 at 12:30 p.m. on the street. Kharkov highway in the city of Khimki, Moscow region, there was a collision between a Peugeot 407 car, state registration plate C 826 VU/150, driven by me, Nikolai Ivanovich Andreev, and a VAZ 21099 car, state registration plate O 979 KV/777, driven by you, Svetlana Torgashina Alexandrovna. The Peugeot 407 car, state registration plate C 826 VU/150, belongs to me by right of ownership (a copy of the PTS is attached).

The traffic accident occurred as a result of your violations of clauses 1.3, 1.5, 8.4 of the Russian Traffic Regulations. Your guilt in violating the specified norms of the Traffic Rules of the Russian Federation and causing me material damage is confirmed by expert opinion No. 194/10-14 dated October 22, 2014, a certificate of a traffic accident, and a resolution in the case of an administrative offense No. 77 NN 543890 dated October 17. 2014

The risk of your civil liability is insured by the insurer - OJSC Insurance Company Garant Plus under insurance policy CCC 0685814000. I contacted the Insurer with a statement dated November 17, 2014, in. No. 5613 of November 19, 2014 on the payment of insurance compensation. The insurance company, having fulfilled its obligations in full, made an insurance payment to me in the amount of 120,000 rubles.

To determine the cost of the material damage caused to me, I turned to an expert - technician IP Petrov I.I. In accordance with the expert’s conclusion - technician IP Petrova I.I. No. 0002041 dated December 3, 2014 (attached a copy) the cost of restoration of a Peugeot 407 car, state registration license plate C 826 VU/150 is:

taking into account the wear of spare parts is: 218245.86 rubles;

excluding wear and tear - 363,743.11 rubles.

Thus, the amount of material damage not compensated to me is:

363743.11 rubles – 120000 rubles = 243743.11 (two hundred forty-three thousand seven hundred forty-three rubles, eleven kopecks), of which:

363,743.11 rubles – the amount of costs for restoration repairs excluding wear and tear of replaced spare parts (total amount of damage);

120,000 rubles is the maximum amount of insurance compensation. provided for in Article 7 of the Federal Law “On Compulsory Motor Liability Insurance” (amount of liability of the insurer);

243,743.11 rubles – the amount of damage not covered by insurance (the amount of liability of the causer of property damage).

Without wanting to bring the case to trial and increase the costs associated with its consideration, I suggest you discuss the issue of voluntary compensation for damage, in the manner prescribed by the sample pre-trial claim to the culprit of the accident.

In order to pre-trial resolve the issue of compensation for damage, I propose:

Within ten days from the date of receipt of this appeal, pay me the amount of compensation for damage caused, indicated in the sample pre-trial claim to the culprit of the accident, that is, 243,743.11 (two hundred forty-three thousand seven hundred forty-three rubles, eleven kopecks).

Please transfer funds using the following details: Sberbank of Russia bank card “MAESTRO” No. 65900230 9059749054.

If it is impossible to fulfill my stated demand within the time period specified in paragraph No. 1 of the sample pre-trial claim against the culprit of the accident, please notify me by phone and address (attached).

In case of failure to comply with the requirements specified in paragraphs 1-3 of the sample pre-trial claim against the culprit of the accident, I reserve the right to apply to a court of general jurisdiction with a claim for compensation for material damage caused by the road accident and forced collection of legal expenses.

a copy of the expert's conclusion - technician No. 0002041 dated December 3, 2014 on the cost of restoration of a Peugeot 407 car, state registration license plate C 826 VU/ 150, a copy of the vehicle passport.

January 12, 2015

Dear readers, we have presented one of the possible options for filing the victim’s claims against the culprit of the incident or the person responsible for the harm caused in an accident.

The content of the claim in each individual case is determined by the circumstances of the case, the nature and extent of the damage caused and other legal facts.