The insurance company sent a claim to the person at fault for the accident

What to do if the insurance company makes a recourse claim?

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In modern practice, it very often happens that an insurance company tries to recover money from the person at fault in a traffic accident to compensate for the losses it incurred when paying insurance to the victim. This procedure is called recourse.

However, not every car enthusiast knows what to do in cases where this mechanism of law applies to them.

When can the insurance company put forward recourse claims?

Does the insurer have the right to demand money from the person at fault for a traffic accident under compulsory motor liability insurance?

An exhaustive list of cases when the insurer has the right to present recourse claims to the driver who caused the car accident is presented in Article 14 of the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” dated 04/25/2002” as amended by Federal Law-N 223 dated 07/21/2014. The insurance company's claims for damages in any other situations will be illegal.

Let's take a closer look at all these cases:

If the culprit of the traffic accident intentionally caused harm to the health or life of a person. For example, out of personal hostility, he hit a person or “rammed” another car;
If the at-fault driver was under the influence of drugs, alcohol or psychotropic drugs at the time of the accident. It must be taken into account that if the state of intoxication is not documented or is appealed by the perpetrator in court, then in this case the insurance company cannot demand compensation by way of recourse;
The at-fault car owner left the scene of the accident before registration;
The driver who caused harm to people or property did not have a driver’s license, was not included in the auto insurance policy issued to a certain circle of people, or he did not have a compulsory motor liability insurance policy at all.

In addition to the cases described above, a recourse procedure is possible if the accident occurred in a place to which the MTPL policy does not apply.

The insurance company can apply recourse to persons who transport passengers (for example, taxis, minibuses) and become the culprits of a traffic accident without having a valid vehicle inspection certificate.

By the way, for vehicles used for passenger transportation, the diagnostic card is valid only for six months. In any other situations, the auto insurer should not apply recourse to the at-fault party. If a motorist falls asleep at the wheel and becomes the culprit of a traffic accident, then the recourse procedure cannot be applied.

Insurance company's claim against the person responsible for the accident

Pre-trial proceedings are usually carried out in case of subrogation under CASCO. The insurer, as a rule, does not immediately go to court with a statement of claim against the culprit, but sends him a written claim in which he demands to pay compensation for the damage caused voluntarily.

It is necessary to clarify that the person at fault in an accident may discover that the claim is sent to him only two years after the fact of the accident. But here it is necessary to understand whether the amount of compensation stated in the claim is justified and whether it makes sense to fight for your rights or whether it is easier to agree with the requirements of the insurance company and negotiate the terms of the installment plan. Typically, in such matters, insurers allow installment plans.

How should a claim be made?

Quite often it happens that the claim sent by the insurer to the person responsible for the accident is a letter that briefly describes the fact of the accident, names the regulations and presents the amount to be paid.

Such a claim cannot be considered justified, because mandatory documents must be attached to this document, these are::

Documents confirming the amount of damage caused: a vehicle inspection report, possibly with the participation of a specialist, with a precise description and location of the damage. If available, an independent expert's opinion. Photographs confirming damage and repair costs must also be attached;
Documents confirming guilt in committing a traffic accident - a certificate of accident from the traffic police, a resolution on an administrative violation or a court decision;
Documents confirming the right to the recourse procedure - a copy of the vehicle registration certificate, a copy of the MTPL policy, a copy of the decision to pay insurance to the victim and documents confirming this payment;
Other documents relevant to the case.

The insurer receives the right to initiate a recourse procedure only when it pays the insured amount to the victim. This means that the amount of money that the insurance company can demand from the perpetrator must not exceed the amount that was paid to the victim.

Important! If a person caused a traffic accident that resulted in damage to property or third parties, and was on duty at the time of the accident, then his employer becomes the object of recourse.

Is the culprit of the accident entitled to payment under compulsory motor liability insurance?

Read here what to do if the insurance company refuses to pay you under compulsory motor liability insurance.

Procedure for filing a recourse claim

Qualified lawyers advise you to remember that both injured drivers and those responsible for the accident have legal rights. There are cases when the claims for compensation for damages presented by the insurer by way of recourse do not comply with the law.

Therefore, you should not be afraid to assert your rights in court. Let's see what recommendations are given by practicing lawyers.

Try to reduce the amount of claims

The legislator provides that even if the insurer has already paid compensation for damage caused to the injured motorist in an accident, the person at fault for the accident may challenge the amount of such compensation. This right is guaranteed by the Civil Code of the Russian Federation. The insurance company has the right to make recourse claims, the amount of which does not exceed the compensation actually paid to the victim.

In order to dispute the amount required by the insurance company, you need to conduct a very careful analysis of each of the documents referred to by the insurer. First of all, you need to study the vehicle inspection report and calculate the cost of repairs.

It must be remembered that since December 1, 2014, absolutely all experts participating in the auto insurance system have adopted a single mandatory standard according to which calculations are made of the amount of repairs for cars damaged in a traffic accident.

When calculating the cost of car repairs, a specialist must use uniform reference books on the cost of spare parts, materials and the cost of repair work. These directories were established by the Russian Union of Motor Insurers.

Also, when establishing the amount of damage, it is necessary to take into account the degree of wear of parts and mechanisms. Therefore, by double-checking all these documents, you can significantly reduce the requested amount.

Challenge the legality of the paid insurance amount

It is mandatory to conduct a qualified legal examination of the entire package of documents on the basis of which the insurer paid money to compensate for the damage to the motorist who was injured in a traffic accident.

To solve this problem, it is best to contact a competent lawyer who will not only advise what to do in this situation, but will also take care of the preparation of all the necessary documents. The cost of such auto lawyer services is much lower than the amount of compensation required by way of recourse by the insurance company.

A good lawyer can even prove that the insurance payments were not made in accordance with the law and, therefore, make the recourse procedure against the culprit of the accident impossible.

Dispute the guilt

Lawyers practicing in the field of insurance law often use such tactics. And it is worth admitting that it is quite effective, because in a huge number of road accidents the fault of motorists was still mutual. Often, during the examination it is determined that the driver who was found guilty of an accident is not actually at fault.

That is, when the insurer sends a claim containing information that the car owner is at fault for the accident and provides a reference to the protocol on the administrative offense and to the certificate of the accident drawn up by the traffic police, then the car lawyer will challenge his guilt in court.

From the above it follows that upon receipt of a written request from the insurer to pay money in its favor towards the damages compensated to the victim, you should not pay immediately. According to statistics, in 90% of cases, experienced motor vehicle lawyers are quite capable of reducing the amount of recourse.

Litigation with insurance

Firstly , you need to protect your rights; you should not let the situation get out of your control. You must be present at every court hearing, because otherwise, the judge may make a decision without your participation and satisfy the insurer’s demands, even if you have evidence that they have no basis. Don't forget this.

Secondly , you need to be well versed in the legislation that governs relations on your issue. This often requires the advice of a qualified legal practitioner. Practice shows that the participation of an experienced specialist in a case helps not only to reduce the amount of payment, but even in some cases to challenge it in full.

How to avoid recourse under compulsory motor liability insurance

Any motorist must know that thorough compliance with the Traffic Rules and current legislation will help prevent situations in which the insurer will obtain from him recourse payments for damages to the injured party.

You should definitely be careful about your documents. Responsibility for their availability and compliance with the law rests solely with the motorist.

Every driver needs to remember:

Systematically check the validity period of your driver's license. After all, an expired document is equivalent to the absence of such a document;
Independently monitor the validity period of your car insurance policy;
Do not drive a car if the policy has expired or you are not included in the MTPL policy.

It is important to remember that you should not drive while intoxicated. And do not underestimate the effect of even a small amount of alcohol on a person’s condition.

After an accident, the insurance company demands compensation for damage

Oddly enough, many insurance companies require their clients to compensate for damages resulting from an accident. What is the reason for this and why does the insurance company demand compensation for damage after an accident? Let's figure it out.

After an accident, the insurance company filed a lawsuit, what should I do?

No car owner can be immune from litigation with the insurance company due to compensation for damages incurred as a result of legal subrogation. There are hundreds and thousands of such cases in judicial practice. What's the matter here?

Let’s imagine this: a certain car owner got into a road accident several years ago. Those responsible for this accident were identified and were punished. At that time, you were insured by your insurance company under the MTPL policy, and the people on the injured party went to the insurer for the insurance they were entitled to. or a completed summons form for proceedings in the courtroom is delivered to your address by mail The summons states that a certain insurance organization demands from you, as the culprit of an accident that occurred a long time ago, compensation for damages paid to the people injured in the accident.

Why did the insurer sue you, since at that time you had a working OSAGO policy?
In fact, there are some nuances in this situation that need to be understood. It is worth taking into account the fact that under the MTPL policy you can cover no more than one hundred and twenty thousand rubles of damage caused to the injured party. If there are several victims in such an accident, the amount of payments is no more than one hundred and sixty thousand rubles for the total number of victims. If the injured party suffers damage in a much larger amount, repayment will no longer fall on the shoulders of the insurance company, but on you. Therefore, this legal proceeding regarding the claim will be based on the recovery of damages caused by you from you, namely from your insurer.

In this case, on your part there may be the opposite indignation at the fact that the injured party has a CASCO policy, under which he received the required payments from the insurance company. Your rightness in this case is quite justified. Indeed, the insurance company employees compensated the losses incurred by the injured party under the CASCO policy. Our situation implies a requirement for compensation for losses by the insurer itself, which provided payments to the victims, on the basis of subrogation. The insurance company receives this right on the basis of Article 965 of the Civil Code.

Subrogation is the right to compensation for losses incurred by the injured party if there is a person at fault in the accident. Here, the injured party received payments from the insurance company, as required under the CASCO policy. Now the right to demand compensation for damage is given to the insurance company that paid the injured party for its client. In other words, if an insurance company demands compensation for damages in an accident, then it has a legal basis for this, provided by subrogation.

Possible solutions to this situation could be:

voluntarily pay the required amount;
pay the amount awarded as a result of the trial;
pay a much smaller amount;
don't pay at all.

This situation can be interpreted in a different order. You have the right to use the review to evaluate the damage suffered by the insurance company. In this case, you should ask the insurance company for a photocopy of the calculations made, where you can see how much was actually paid to the people injured in the accident. With the help of an independent appraiser, you can check the calculations made and find out whether the insurer is right or wrong. If you receive the total amount of damage suffered by the insurer, less than what he demands in the statement of claim, you should try to resolve this issue with him in private, perhaps he will meet you. If you receive an amount of damage equal to one hundred and twenty thousand rubles during the calculations, you do not need to make any payments at all.

If the case is already in court, it should be required to conduct an independent examination of the damage caused. This situation also implies a reduction in the amount of compensation or complete non-payment to the insurance company, when experts determine the amount of damage less than the payments provided.

In this case, the most convenient option for you is to reduce the amount of payments or completely refuse them. In this case, you often have to go to court for a long time with the insurance company, hire independent experts, and negotiate with the insurance organization.

To get out of this situation, you can either take the entire blow yourself, running around to various organizations, defending your rights, or entrust this event to an experienced lawyer. Of course, in the second case, the amount of expenses on your part will be greater, since you will also have to spend money on a lawyer, but you will calmly wait for the end of this case at home and not waste your nerves.

Pre-trial proceedings

In 2011, most insurance firms began to exercise their right of subrogation. Based on this, we can confidently say that now not only any driver who is to blame for the accident can be brought to mandatory payments for the damage incurred by the insurance company. In this regard, you should now keep this rule in mind in order not only to easily accept it, but also to behave confidently with representatives of the insurance organization. At the same time, it is possible not only to protect your views, but also to make payments minimal.

Now you should pay special attention to the following details:

About the statute of limitations.
For cases involving claims of subrogation, there is also a special limitation period from the date of the accident.
Its duration is 3 years. In this situation, you cannot be sure that the insurance company will not sue you if this period has expired from the moment of the accident. There are many cases when, after the expiration of the statute of limitations, the insurer filed a claim in court to reimburse him for the money he was entitled to. Only in this case, he automatically received a refusal due to the passage of time. It is not advisable to ignore the version of the claim sent from the insurer. In some cases, when the defendant was silent or did not appear in the courtroom, a court decision was made in favor of the insurer, even taking into account his violation of the required deadlines. In order for the insurance company to receive an accurate refusal in this case, you should come to the courtroom before the decision on the case is made and inform the participants in the process that the allotted period for subrogation has expired, which means that the insurer will have claims against you can not.
During pre-trial proceedings.
In the case of subrogation under CASCO, there is one condition according to which the pre-trial period of proceedings is applicable in such cases.
In other words, the insurance company does not require the insured to appear in court, but provides him with a pre-trial claim. In this complaint, the insurer, on a voluntary basis, tells the policyholder to demand compensation for damage suffered by the company. In most cases, such payments and claims come after two years from the date of the accident. At the same time, the citizen at fault for the accident already forgets about the possibility of the insurer using subrogation and calmly goes about his usual business. As soon as a claim is received in the name of the policyholder demanding to pay a certain amount, the insurer has to weigh everything and decide: to pay or to defend its interests in court. Sometimes payment by installments is provided. Often insurance organizations are happy to agree to such conditions. To solve such problems, you can seek help from a competent lawyer, who will not only easily resolve all the problems, but will also agree with the company to provide a smaller amount in installments. In addition, many insurance companies do not want to spoil their reputation with various legal proceedings, and therefore quickly agree to the conditions of experienced lawyers.
About the correct writing of the claim.
Very often, claims from insurance companies are modest pieces of paper, reminiscent of an accident that once occurred, with a quick listing of the relevant articles of the law.
At the bottom of the claim there is always a specific amount that represents the amount owed by the insurance company. This type of claim can be considered unfounded, just like the insurance company, it is obliged to submit the following along with the complaint: • Papers on the basis of which one can judge the amount of losses incurred: an act confirming the inspection of the car by independent experts with a photo attached, as well as a paid receipt.
• Papers on the culprit of the accident: certificate of the accident, relevant decisions.
• Papers confirming the legality of subrogation: a photocopy of the car's title with a copy of the policy and a paid receipt, a photocopy of an application from the insurance company regarding the existence of an insured situation.

The insurance company has the right to receive subrogation after it has paid the insurance to the injured party.
The amount of compensation is equal to the amount of damage paid to the victim.
The driver at fault for the accident, if he was performing his official duties at the time, is not subject to subrogation payments, since this payment falls on the shoulders of the employer.

Read about how to get MTPL insurance here.

The insurance company demands compensation for damage
in an accident: insurers' pitfalls

According to statistics, when requiring subrogation, insurance companies in most cases overestimate the required amounts to clients. To justify their actions, many of them provide:

questionable costing;
false data;
falsified information;
intimidate the client into paying legal fees.

Involving a specialist experienced in legal matters in your defense will allow you to easily identify fraud and bring the insurer “to the surface.” If you have any doubts regarding the information provided, you should:

check the submitted data;
compare the calculations performed with those of an independent specialist;
analyze provided checks and paid receipts;
consult with an experienced lawyer.

In some cases, unscrupulous insurers even attach false documents. In such situations, they are confident in the client’s illiteracy regarding calculations and the correctness of their event. You should not follow the lead of such insurers, but seek protection from lawyers.

If during an accident where you were the guilty party, the injured party received the required compensation under CASCO, do not delude yourself.
As long as the statute of limitations has not expired, the insurer has the right to file an appropriate claim against you to recover the due compensation from you for the damage caused. In this situation, it is best to try:

To the best of your ability, call the affected people;
attend all inspections of the damaged car, preferably inviting your own appraiser;
monitor the process of insurance compensation calculations.

Many insurers behave like real scammers, trying to enrich themselves at the expense of their clients. They not only do not pay the required compensation to the victims, but also demand fabulous compensation from those responsible for the accident through subrogation.

If you want to voluntarily return the losses caused to injured citizens, when transferring payments, take from them a receipt stating the specified amount and the necessary signatures. If there is no receipt when transferring funds to the victim, he can also take advantage of CASCO payments, and you will receive a subrogation payment in a year. In other words, in such a situation you will have to compensate the damages in double form.

Of course, a voluntary resolution of the conflict between the victim and the perpetrator of the accident is also a fairly positive outcome for you. Only in this situation you should also be vigilant. Do not follow the lead of an accident victim who demands an exorbitant amount from you for his damaged car. Perhaps by that time it was no longer worth it due to wear and tear. Offer the injured party an independent examination of the damaged car, the results of which and the final amount you promise to pay. This arrangement will be more acceptable for both you and the victims. Moreover, the insurer will not offer fabulous compensation for his worn-out car either.

How to proceed when making subrogation claims?

We believe that there is no need for our readers to explain what subrogation is. Let us only recall that we gave a detailed definition of this concept with a clear example here.

It’s much more important to figure it out: if you forgot to even think about the accident you were in a couple of years ago, and suddenly you receive a claim from the insurance company, what exactly should you do? Let's try to find out.

When is subrogation possible and legal?

Let us briefly note that subrogation is essentially the right of the insurer to demand compensation for its own costs from the culprit of the damage to its policyholder, which the insurance company (IC) reimbursed to the policyholder (Article 965 of the Civil Code of the Russian Federation).

Key points to know:

subrogation is possible solely by force of law (if the contract contains a provision on subrogation in cases not provided for by law, it is void);
the right of subrogation is possible only for property insurance (it does not apply to health and life insurance contracts);
the insurer receives the right to subrogation only in case of full fulfillment of obligations to the policyholder (all payments have been made);
within the framework of subrogation, the insurer cannot demand from the person responsible for the damage an amount greater than what it paid to the insured;
subrogation arises only if there is a valid property insurance contract between the insurance company and the injured party.

Important!

If there is no person at fault in the occurrence of an insured event (other than the victim), the insurer does not have the right of subrogation. That is, the insurance company does not have the right to demand the return of the paid insurance compensation from the victim himself (for example, he ran over a curb and received an insurance payment to repair the damage).

What to do if you receive a claim from an insurance company

First of all, don't panic.

The first thing you should check is whether the three-year period (the statute of limitations for such cases) has expired since the accident. If three years have passed, the claim can be safely ignored.

Secondly , under no circumstances should a claim be ignored if the statute of limitations has not yet expired.

Thirdly , do not unconditionally agree with all the requirements of the Investigative Committee.

As a rule, the insurance company’s claim indicates only the amount that the insurers require from you, as a participant in the accident, by the right of subrogation.

First of all, at the stage of resolving the issue, you must be presented with documents that confirm:

your guilt in the damage caused (in an accident) - a court decision (ruling) that has entered into force, a certificate from the traffic police from the scene of the accident, etc.;
the right of the insurance company to subrogation (property insurance agreement with the injured car owner, documents confirming payment by insurers of the damage caused);
the amount of damage (conclusion of an independent expert report - and not of the insurance company employees, calculation of repairs, photos from the scene of the accident, etc.).

If the insurers do not have supporting documents, write a response disagreeing with the claim.

If documents are available, check whether the list of work performed corresponds to the damage noted in the traffic police certificate.

If it doesn't match; there are no documents indicating that the examination revealed specific hidden damage; you were not present during the inspection of the car - it is quite possible that some “unnecessary” repair work was carried out, which could have been done without.

In this case, write a response with a proposal to pay a smaller amount - in accordance with the real costs of the necessary repairs of the damage listed in the documents from the traffic police.

SK will most likely disagree. But your attempts at pre-trial settlement will most likely be taken into account by the court. It is possible that the amount required by insurers may be reduced.

Even if all the documents from the insurers are in perfect order, get ready for court. What are the possibilities, even in this case, to convince the court of the need to reduce payments - we mentioned in this article.

However, in order to skillfully compete with the lawyers of the insurance company, your knowledge and experience may not be enough.

We recommend that you contact specialists who have considerable experience in successfully resolving cases in the courts regarding litigation with insurance companies. Our lawyers will try to reduce your costs as much as possible, and if possible, avoid them altogether.

Some practical recommendations

If you are the culprit of an accident, be sure to try to resolve the issue according to the law: for example, call the traffic police or draw up a European protocol to pay compensation under compulsory motor liability insurance. But if the victim insists on immediate payment of minor damage on the spot - and you are satisfied with the amount (in exchange for getting rid of many formalities), then at least take a receipt stating that the amount of money has been paid, the victim has no claims against you, take photographs of the damage, If possible, film the moment of transfer of money and agreement on no claims.

This will help avoid a claim from the insurance company (if the victim decides to “withdraw” money from the insurers as well). And also possible charges of leaving the scene of an accident, which threaten you with deprivation of your rights if the victim suddenly contacts the traffic police without you. Although we cannot guarantee the absence of administrative liability in this case.

Therefore, our recommendation is that everything is strictly according to the law!

It is impossible to completely “protect” yourself from subrogation, since this right is granted to insurers by the Civil Code of Russia.

But you can take reasonable steps to reduce your risk:

follow traffic rules and do not create emergency situations on the roads;
conclude a compulsory motor liability insurance agreement for the maximum possible amount (the insurance will cover the damage, the victim’s insurance company will not pay anything extra to the insured - therefore, there will be no subrogation claims against you);
try to attend all inspections of damaged property if an accident does occur;
When you receive a claim from an insurance company, contact specialists for help.

What if after an accident the insurance company demands compensation for damage?

It is now very common for situations when, after some time, the insurance company issues an invoice for the nth amount of money to the person responsible for the accident. This is due to the fact that in 2014 amendments to Federal Law No. 223 “On compulsory civil liability insurance of vehicle owners” and certain legislative acts of the Russian Federation were approved.

Many drivers are interested in the question of how this happens, what they owe and what can be done in this situation. This happens thanks to the rights of recourse and subrogation (Articles 1081 and 965 of the Civil Code of the Russian Federation) , which will also be discussed in this article.

Is a partial refund possible?

The insurer pays damages according to the amount determined by the vehicle assessment expert.

The most common situations occur when an expert establishes a certain amount of damage, after which the victim declares that the damage caused is more than established. In these cases, the victim turns to the culprit of the incident with a demand to pay the resulting difference. The appeal occurs to the culprit, and not to the insurance company, precisely because it will be much easier to receive payment directly from a specific person than from the insurance company.

In what cases is compensation required?

There are several cases in which insurance companies require the culprit to pay for damages from an accident:

By way of subrogation (Article 965 of the Civil Code of the Russian Federation), the insurance company demands that the culprit reimburse the funds that it paid to its client under CASCO. Thus, initially the insurance company pays money to its client, after which it recovers the same amount from the culprit of the accident;
By way of recourse (Article 1081 of the Civil Code of the Russian Federation) under compulsory motor liability insurance, in accordance with Federal Law No. 223, Article 14 . In other words, the insurer demands compensation for the damage that was paid to the victim under the compulsory insurance policy.

Pre-trial practice

Pre-trial proceedings are carried out, as a rule, with subrogation under CASCO. Initially, the insurance company does not sue the culprit, but sends him a claim, urging him to compensate for the damage of his own free will. It is worth noting that the culprit may receive a letter of claim 2 – 2.5 years after the traffic accident. However, here it is important to understand how justified the requested amount is and whether you need to defend your rights or is it better to agree on an installment plan. As a rule, insurance companies are cooperative when it comes to installment plans.

Procedure for filing a claim

It often happens that the insurance claim is a paper stating the fact of the accident, listing the articles of the law and issuing an invoice. This requirement is unfounded, since a number of documents must be attached to it, namely :

Official papers confirming the amount of damage caused: a report on the inspection of the vehicle by experts with a detailed description of the damage. Original photographs and an estimate of the amount of repairs, or a receipt for payment must also be attached;
Papers that confirm guilt: a certificate of a traffic accident, a conclusion on an administrative violation or a court conclusion;
Papers that confirm the right to subrogation: a copy of the vehicle’s passport, a photocopy of the policy and payment receipt, a copy of the insured person’s statement that an insured event has occurred.

Additional documents:

Only after the insurance company pays compensation to the victim does it have the right to recover funds from the culprit;
Therefore, the amount of the monetary claim against the perpetrator must be within the amount paid to the victim.

Legal assistance

If after an accident the insurance company demands compensation for damages, you should contact an experienced lawyer. He can use several protection methods:

Reduce the amount of damage caused in an accident . If the insurance company reimburses the victim or its client, the at-fault party has the right to dispute the amount of the payment. The insurance company has the right to request compensation for damage only if it was correctly calculated;
Appeal the legality of the payment . In this situation, a general legal examination of the official papers is carried out, which became the basis for the insurance company to pay its client. If it is discovered that there are errors in the documents, or if it is determined that there are not enough documents, the payment is considered illegal. Thus, the insurance company is deprived of the right to demand compensation for damage from the culprit of the road accident;
Appeal the fault of the person responsible for the accident . In some cases, during an examination, lawyers reveal that the person at fault in the traffic accident is not guilty, or is partially guilty. And here, even when a claim has been received from the insurance company stating that you are the culprit of the road accident, you have the right to try to prove your innocence in court.

Can insurers cheat?

There are frequent cases when, during subrogation, the insurance company demands compensation for damage in an amount greater than that which was reimbursed to the client . For these purposes, they provide dubious calculations that can be easily challenged by a professional either before the trial or in court itself. This means that you should not immediately pay the invoice issued to you in your claim. When there is doubt about whether the repair amount is real, it is recommended to understand all the documents that contain information about the damage assessment, and also check the accuracy of all calculations. You can check your calculations by answering the questions below:

To what extent do car repair work correspond to the damage indicated in the traffic accident certificate? Perhaps you will find damage that is not justified?
Perhaps there are unnecessary parts on the list of parts to be replaced?
Perhaps the same spare parts were counted several times?
How realistic are the cost of parts and standard hours?

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.