Claim for compensation for material damage as a result of an accident. Statement of claim for damages in an accident

In most cases, filing a claim against the culprit of an accident occurs due to his lack of a compulsory motor liability insurance policy that could cover material damage caused as a result of a car accident. In addition, a claim for compensation for damage caused in an accident is filed if the person responsible for the accident is unwilling to voluntarily compensate for the difference in direct damage and the maximum limit on insurance payment.

It is preferable to resolve the issue of compensation for damage caused by an accident out of court. Firstly, the legal battle can drag on for six months or even more. Secondly, the plaintiff will probably have to spend own funds to pay for a lawyer. Moreover, there is no guarantee that the costs associated with trial, will be included in the amount of the claim payments.

If the driver whose actions caused the accident refuses compensation for damages, a written claim must be filed in his name. Drawing up this document is a mandatory step when filing a lawsuit. must be transferred by registered mail. A copy of the claim is included in the list of documents attached to the claim.

Often, the plaintiff in a case of compensation for damage caused in a car accident is not the driver - the owner of the damaged vehicle, but the insurance company, which previously paid compensation to the victim and now demands compensation for its expenses from the culprit of the accident. Subrogation under compulsory motor liability insurance from the culprit of an accident is usually collected through the court. Despite some similarity in the content of the terms, subrogation should not be confused with recourse, since a recourse claim is filed by the insurer of the guilty party, and a subrogation claim is filed by the insurance company of the victim.

Filing a claim

A claim for damages should be filed against the person responsible for the accident only on the basis of an official certificate from the traffic police. The purpose of the claim is to seek material compensation, and not to determine the causes of the accident. Therefore, at the time of filing the claim, the status of the victim and the perpetrator should already be indisputable.

The statement of claim can be drawn up according to the sample or by seeking help from a lawyer. If the defendant’s guilt in committing an accident is fully proven, there should be no problems when considering the claim. However, this fact does not affect the possibility of collection. Here, much will depend not only on the positive decision of the court, but also on the work of the bailiffs.

In a situation where the culprit of the accident was driving someone else’s car at the time it occurred, the question may arise as to who to file a claim in case of an accident - the driver or the owner of the vehicle. The answer to this depends on the results of the technical examination. If the cause of the accident was a vehicle malfunction, then liability for it technical condition lies with the owner. Accordingly, this can play a key role in determining the main culprit of an accident. At the same time, the unsatisfactory technical condition of the car may not have affected the cause of the collision if the accident occurred due to a gross violation of the rules by the driver traffic. In any case, when determining the defendant, the plaintiff should be guided by the information received from the traffic police. In the vast majority of cases, the claim is filed against the driver of the vehicle.

Which court to file against the culprit in an accident?

The claim is filed in a court of general jurisdiction at the location of the defendant. However, there are exceptions to this rule. In particular, according to Article 29 of the Code of Civil Procedure of the Russian Federation, when the plaintiff and defendant live in different cities or regions, the plaintiff can file a claim at his place of residence if:

• the claim is filed based on the death of the family breadwinner in an accident;
• we are talking about compensation for damage received as a result of injury in an accident;
• in addition to material damage, the plaintiff put forward a demand for compensation moral damage.

Thus, having included moral damage in the claims, the victim has the right to file a claim in the district court at the place of his registration. If the amount of damage does not exceed 50 thousand rubles, then the claim can be filed with a magistrate.

Download sample

If you wish to independently compose the text of the statement of claim, a citizen can use the sample available for download on our website. Using the information found on its pages, you can not only facilitate the preparation of the document, but also significantly speed up the filing of a claim for registration in the court office.

Compilation rules

The general rules for drawing up a statement of claim are specified in Article 131 of the Code of Civil Procedure of the Russian Federation. Considering that a claim can be filed not only against the person at fault for the accident, but also against the insurance company, the text of the document allows for some important nuances that should be paid attention to.

Claim against the culprit

A statement of claim for recovery of damages in an accident from the culprit without a compulsory motor liability insurance policy is drawn up in the following form:

• name of the court;
• FULL NAME. the plaintiff, his residential address and contact details (telephone);
• FULL NAME. defendant, address and telephone number;
• FULL NAME. or names of co-defendants (if any), including addresses (residential or legal) and contact numbers;
• description of the circumstances of the accident, its causes and consequences;
• description of the results of an independent automotive technical examination;
• a listing of evidence or facts that indicate the defendant’s unwillingness to compensate for the damage caused by him on a voluntary basis;
• amount of claims;
• list of documents attached to the claim;
• personal signature and date.

A claim by an insurance company against the person at fault for an accident is drawn up in approximately the same manner by way of subrogation. The only difference is that the insurer includes in the text of the statement of claim information justifying the right to recover material compensation from the defendant due to violation of the terms of the insurance contract.

A recourse claim by an insurance company against the person at fault for an accident differs from subrogation in that it is filed against the driver - the owner of the policy that was issued by the plaintiff. Subrogation involves the filing of a claim by the insurer against the driver who did not enter into an insurance contract with the plaintiff, but was guilty of causing the accident.

Thus, recourse involves a demand for reimbursement of money from the driver who violated the terms of the insurance contract, and subrogation involves a demand for reimbursement of money from the driver who did not take out a compulsory motor liability insurance policy from the insurer. , then the claim is filed demanding direct compensation for damages.

To the insurance company

Along with a claim against the driver involved in an accident, claims can also be brought against the insurance company itself. As a rule, this happens if the insurer unreasonably refuses to pay compensation or underestimates the amount of payment.

The form of filing a claim against an insurance company does not differ from a civil claim, with the exception of listing the circumstances indicating a violation by the defendant of the norms of the current insurance legislation. Main normative act, which the plaintiff must rely on when drawing up a claim, is the MTPL Law.

Sentencing by the court

Registration of a statement of claim in court requires the mandatory provision of a copy of the claim to the defendant. Before the start of the trial, the defendant has the right to file a written objection to the substance of the charges brought against him. If the defendant decides to defend himself in court on his own, it is better to use a sample objection to a claim for compensation for damages for an accident.

Participants in a case for compensation for damages resulting from an accident should be aware that it will take several weeks for the materials they have submitted to be reviewed. The scheduling of the preliminary hearing is also influenced by the judge's busy schedule. Consideration of the case on the merits and debate between the parties in the courtroom can take place during one meeting. If one of the parties filed a motion to attract witnesses or a demand additional materials in the case, the number of court hearings may increase.

The court's decision on an accident comes into force after the deadline for appeal has been met. According to Article 321 of the Code of Civil Procedure of the Russian Federation, a participant in the process, regardless of his status, has 30 days to file a complaint with a higher court. This opportunity is provided to the plaintiff and defendant. Witnesses in the case cannot file an appeal for damages in an accident.

Important points

Before filing a claim for compensation for damages received as a result of an accident, the victim should consider the following details.

1. A statement of claim demanding compensation for moral damage is not subject to state duty. The amount of the state duty must be included in the price of the claim.
2. The amount of claims in a case for compensation for damages in an accident may include the services of an expert, a lawyer and a tow truck.
3. If the person at fault for the accident does not have insurance, then filing a claim can be made within the limitation period - up to 3 years from the date of the accident.
4. Consideration of the claim must begin within 5 days after it is filed with the court.

What is the situation with compensation for damages?

As practice shows, it has some features that, on the one hand, make it easier to obtain monetary compensation, and on the other hand, do not cover actual losses incurred as a result of the accident. In particular, compensation limits of 400 thousand rubles do not always realistically correspond to the amount that the car owner will have to spend on its restoration.

As a result, in addition to obtaining insurance, the victim is forced to file a claim for direct compensation for the difference between the policy coverage and the actual damage.

Another important nuance associated with receiving compensation for damage after an accident is the difficulty of claiming all the compensation awarded by the court from a citizen who does not have the means to fulfill court decision. Sometimes this extends the collection of compensation for several years.

Each owner of a motor vehicle is obliged to fully compensate the injured party for damage to property and health resulting from a road accident.

The MTPL insurance policy is intended to help those at fault in compensating for damages, but in practice situations often arise when it is not possible. In this case, all that remains is to file a claim against the offender and the culprit of the accident.

In what cases does it make sense to file a claim against the person responsible for a road accident? How to file a claim correctly and which court to send it to? What documents must be attached to the claim? You will find answers to these and some other questions in our article.

Is there any point in filing a lawsuit?

In most cases, the cost of restoring a car or treatment after an accident is paid to the injured party by the insurance company. In the future, she can recover her expenses from the culprit of the traffic accident through the court.

Sometimes the injured party has the right to file a lawsuit to recover material or moral damage on their own. In what cases is this possible?

• The insurance company paid the insurance to the victim, but it not enough to completely repair the car. In some situations, even the maximum limited insurance payment is not enough for repairs;
• For both drivers, the victim and the culprit of the accident,... If at least one of the parties has a policy, then issues regarding payments are resolved through the insurance company;
• The culprit of the accident is not the driver, but another person, for example a pedestrian;
• The victim wishes recover moral damages from the culprit of the accident.

If a claim is filed to recover moral damages, then usually we are talking about an accident in which people were seriously injured or even died. The application in this case will be granted only when the defendant’s guilt is fully proven and beyond doubt.

If, by a court decision, the cause of the accident is recognized external factors(for example, unfavorable weather), then compensation for moral damage will not be made.

When the culprit of the accident is a pedestrian, you cannot expect payments from the insurance company (since pedestrians get along just fine without compulsory motor liability insurance). In this situation, the only way to receive compensation will be filing an application with the magistrates or district court, where you will have to prove the pedestrian’s guilt using written evidence, recordings from street cameras, photographs or witness testimony.

Filing a pre-trial claim

Before filing a claim, you should try to resolve the case amicably by filing a claim for compensation for damages to the culprit of the traffic accident. To do this, even at the scene of the accident, the injured party should record the personal information of the person responsible for the accident(full name, registration address, contact details) in order to then send a number of documents to his name.

The pre-trial claim indicates a reasonable amount for damages and a requirement for its repayment in deadlines. The total amount of losses incurred consists of the actual damage to the car indicated in the independent expert report, as well as the victim’s expenses for legal services, transportation and storage of the car ( associated costs). The amount of damage may also include moral damage.

Along with the claim, the culprit of the accident is sent an independent damage assessment report and copies of documents confirming all expenses incurred by the victim. Resolving the case peacefully is in the interests of the person responsible for the accident, because when the case is considered in court, he will incur a number of additional expenses (legal costs). Without attempts at pre-trial compensation for damage, the judicial authority may simply not accept the claim.

What should the statement of claim contain?

Correctly drafting a claim is the key to a successful dispute resolution . It makes sense to entrust its writing to a competent lawyer, and ask the defendant to bear the costs of such services in the lawsuit. You can download several samples of such claims from the link at the end of our article.

What does a statement of claim necessarily contain?

• Full name of the court to which the claim is being filed;
• Last names, first names, patronymics of the participants in the accident, their registration addresses and other details (also details and personal data of lawyers and other representatives);
• A detailed list of claims (including calculation of the amount of compensation in numbers and words);
• Description of the circumstances of the accident and the damage caused;
• List of documents attached to the claim.

The claim must be drawn up in a standard manner, using stable legal expressions. The assistant judge must check its correctness before submitting it to the court.

List of documents attached to the claim

You can find out what documents are needed to be submitted along with the claim from the insurer, court employee or lawyer.

Mandatory documents required for any case include:

• passport and statement of the victim;
• a copy of the inspection report of the road accident scene and the investigation report;
• any materials about the accident collected at the scene of the accident (certificates from);
• witness's testimonies;
• documents from insurance companies (automobile liability contracts of the plaintiff and defendant);
• a document indicating an attempt to peacefully resolve the dispute (pre-trial claim with a receipt stamp);
• an act of independent damage assessment (in the absence of severe damage to the car and injured people, this document is the main basis for determining the amount of monetary punishment for the culprit of the accident);
• conclusion of a forensic medical examination (if there are injured people).

The filing process can be simplified as much as possible if the plaintiff hires a lawyer. Then he will only be required to provide personal documents, and the preparation of other papers will be handled by a lawyer, as well as traffic police inspectors, court employees and an insurance company.

What to do after filing a claim?

After filing a statement of claim and collecting necessary documents an appeal should be made to a magistrate or district court. A magistrate judge considers cases with a claim amount of less than 50 thousand rubles, a district judge – more than 50 thousand. The claim should be filed at the residence address of the person responsible for the accident. Before filing a claim, you must pay a state fee, the amount of which depends on the amount of the claim, and attach a receipt for its payment to other documents. The period for consideration of a claim in a district court is 2 months, in a world court - 1 month.

Conducting an independent examination

Only government appraisers or private firms that specialize in this have the right to assess damage to a car after an accident. The assessment can also be assigned to specialized service centers or at scientific institute who is engaged in similar activities.

Before carrying out the examination, it is necessary to notify the person at fault for the accident and the insurance company about the place and date of its conduct, 3-6 working days in advance (in person against signature or by letter with acknowledgment of delivery).

To assess the damage, you will need some documents:

• civil passport (for drawing up an assessment agreement);
• technical passport of the car and certificate of its registration with the traffic police;
• service book (if the car is under warranty);
• reports of previous examinations with calculations made (if available);
• traffic police certificate about a road accident indicating the damage to the car.

After an independent assessment, the victim receives a damage assessment report (it is signed by both the customer of the service and the culprit of the accident) with a photograph of the damaged car on the day of the inspection. An expert opinion on the amount of damage calculated using a special method is attached to the act. All documents are filed in a common folder and certified with a seal.

Sample statements of claim

As a result

In order for the trial to be successful, it is necessary to behave correctly even at the stage of drawing up the accident report. The traffic police inspector should be asked to indicate in the protocol the features of the scene of the incident in as much detail as possible, including the location of cars, the presence of road markings, road signs and traffic lights, weather conditions and lighting levels, road conditions and data on braking marks. It is also useful to independently inspect the car of the person responsible for the accident; this will help to more convincingly prove the defendant’s guilt in court.

The victim in an accident suffered property damage. The plaintiff, as a justification for the amount of damage caused, presents a calculation according to which the cost of repairing a vehicle damaged in an accident is determined, including the cost of parts and materials to be replaced, and the cost of work. The calculation determines the percentage of loss of the vehicle's marketable appearance (loss of marketable value).

Demands are made to recover from the owner of the car (the culprit of the accident) funds constituting compensation for damage caused in the accident, as well as legal costs.

Let us remind you that claims for compensation for damage caused in an accident are made to the insurer - insurance company, which insured the risk of civil liability of the tortfeasor under the MTPL law or to the insurer that insured the civil liability of the victim (direct compensation for losses - Article 14.1 of the MTPL law).

However, in the event that, in violation of the requirements of the law on compulsory motor liability insurance, the tortfeasor in an accident did not insure his liability (there is no compulsory motor liability insurance policy), or the amount of damage exceeds the limit of insurance payment established by Article 7 of the law on compulsory motor liability insurance, then claims for damages must be submitted to to the direct cause of harm.

To the Ustyansky District Court of the Arkhangelsk Region

PLAINTIFF: ... (full name, place of residence)

RESPONDENT: ... (full name, place of residence or name of enterprise,
organization, location, if owner
vehicle – legal entity)

THIRD PERSON: …. (Full name, address/place of residence.) (for example, driver,
manager vehicle, owner
which is a legal entity)

Cost of claim…. rubles

STATEMENT OF CLAIM
on compensation for damage caused by an accident

“__” _____ ___ year on…. (indicate the location of the accident) a traffic accident occurred.... (indicate the circumstances of the incident).

As a result, the car... (indicate the make of the car, year of manufacture and its license plate), which belongs to me as a personal property, suffered technical damage. The accident was caused by the driver... (full name) driving the car... (indicate the make of the car and its license plate) belonging to the defendant. This is evidenced by the materials of an inspection conducted by the State Road Safety Inspectorate...

According to the calculation, the cost of repairing my car is:

1. cost of work ... rubles;
2. the cost of replaced parts and materials used is ... rubles, taking into account wear and tear - ... rubles;
3. Paid for costing services... rubles.

TOTAL: .... rubles

In addition, according to the expert’s conclusion, my car has lost its presentation by ...%, which is ... rubles of its value.

For drawing up a conclusion on the loss of marketable condition paid.... rubles The total amount of material damage caused is ... rubles.

Statements of claim for recovery of insurance payment from the insurer:

• and compensation for damage as a result of an accident (The victim exercised the right to direct compensation for losses by the insurer that insured his civil liability under MTPL. However, the insurer made an insurance payment that did not cover the cost of car repairs)
• Statement of claim for recovery of insurance payment, compensation for damage from an accident (The insurance company of the culprit of the accident paid insurance compensation under compulsory motor liability insurance to the victim. However, the insurance payment does not cover the victim’s expenses for car repairs. The driver who caused the accident was brought in as the second defendant in the case).
• Statement of claim for recovery of insurance compensation under compulsory motor liability insurance from RSA (the insurance company of the person responsible for the accident has had its license revoked - the defendants in the case are the Russian Union of Auto Insurers (RSA) and the driver of the car who is at fault for the accident)

and other claims in the section

According to these legal acts, the victim can demand 100% compensation for damage caused in a traffic accident.

The money paid by the person responsible for the incident is intended to repair damage to the car and other property.

You can demand compensation for losses directly from an accident participant in the following cases::

1. The amount of insurance payments under compulsory motor liability insurance does not fully compensate for the damage.
2. The driver has no insurance.
3. Damage caused is not included in the list of losses payable under insurance.
4. The insurers refused compensation.

Not only the victim, but under certain conditions also the insurance company may demand compensation for material damage from the culprit of the accident.

If he refuses to compensate for losses voluntarily, recover cash possible by going to court. The rights of the victim are protected in this case in accordance with Article 11 of the Civil Code.

Article 11. Judicial protection civil rights

1. The protection of violated or disputed civil rights is carried out in accordance with the jurisdiction of cases established by procedural legislation, the court, arbitration court or arbitration court (hereinafter referred to as the court).
2. Protection of civil rights in administrative procedure carried out only in cases provided for by law. A decision made administratively may be challenged in court.

Despite the logic of 100% compensation for losses caused, it is not so easy to achieve full payment of the entire required amount. In such situations, it is more advisable to contact experienced lawyers who are familiar with all the intricacies of the procedure and can achieve the recovery of the maximum amount of money.

This is also important because any insurance company has a large staff of highly qualified lawyers, who are very difficult for the average person who is inexperienced in such matters to deal with. By contacting an experienced lawyer, you will increase your chances of winning the case.

Procedure for the victim

If you decide to act on your own, you should adhere to a certain procedure.

First of all, it is worth establishing who is to blame.

This is done during administrative proceedings, initiated by traffic police officers..

It is necessary for representatives of the service to come and draw up a protocol.

If your property has suffered significant damage.

When drawing up a report, special attention should be paid to listing the damage to the car.

After the protocol has been drawn up, the victim’s actions can be carried out in two ways.

1. Applying for compensation for material damage in an accident in the UK. If another participant in the incident has a compulsory motor liability insurance policy, you need to start by calling the insurance company, in which the policy was issued with a statement about the occurrence of an insured event. No actions to repair or restore the car can be taken before the arrival of an insurance company expert.

   An expert will inspect the car and make an assessment. The maximum amount of payments under the MTPL policy is currently 400 thousand rubles. In case of excess, you have the right to demand the remaining funds from the driver who caused the traffic accident.

2. If he does not have a policy, he is obliged to compensate for all damage caused himself. It is necessary to contact independent experts from a specialized organization to assess the damage.

   During the inspection of the car, the person responsible for the accident has the right to be present, whom the expert notifies of the place and time of the procedure. The victim can also recover the costs of an expert’s services from the person responsible for the incident.

Payments under CASCO

Having a CASCO policy for an accident participant requires payment of the corresponding insurance amount to him. In this case, compensation is made without taking into account funds received under compulsory motor liability insurance. Insurance under this document is paid regardless of who caused the accident.

The insurance company may offer to repair the car at official service stations or issue funds for repairs at the request of the policy owner. Exceptions include cars purchased through a car loan program.

Payment will not be made if:

• you were under the influence of alcohol at the time of the accident;
• the driver was a person not specified in the policy;
• if the accident occurred while participating in the race;
• Insurers will prove the intentionality of causing the loss with the help of third parties or independently.

In other cases, CASCO guarantees full reimbursement of vehicle repair costs. The only problem is the waiting period for payment, since the assessment takes quite a long time.

Rules for determining the amount of payments

All expenses for the restoration of the vehicle and other damaged property are subject to reimbursement.

This amount includes the following items:

• cost of damaged parts. Moreover, the calculations should include the price of new parts, regardless of the percentage of vehicle wear;
• costs for repairs and installation of parts;
• services of an independent expert;
• funds for diagnostics and evaluation of repairs at the auto center;
• legal services in case of appeal to the judicial authorities, as well as the cost of state fees for filing a claim;
• loss of marketable value of a vehicle after a traffic accident. This includes the difference between market value car before and after the accident.

The vehicle tax is collected exclusively for certain categories of cars. This category includes foreign cars no older than 5 years and domestic cars no older than 3 years and a wear rate of no more than 40 percent.

Cases of exemption from liability

By law, the owner of a car involved in an accident is not required to compensate for material damage in the following cases:

• the damage was caused due to force majeure or the intention of the victim himself;
• The vehicle was lost due to theft or theft.

The court may reduce the amount or exempt the culprit from payments if the accident occurred due to the actions of the victim himself (gross negligence). The law does not establish criteria for evaluating these actions, so the court makes a decision based on personal impressions, focusing on the evidence presented.

Refund Options

There are several ways to obtain compensation for material damage from the at-fault participant in an accident. In each individual case, certain sequential actions must be taken.

Insurance claim

Russian legislation provides for two types of insurance possible harm arising from an accident: compulsory insurance liability (OSAGO) and voluntary insurance (CASCO).

Unfortunately, having any of these types of insurance does not guarantee full compensation from the insurance company.

At the same time, the amount paid under compulsory motor liability insurance is limited by law and established at the state level, and under CASCO it depends on the condition of the car and the insurance premium paid, according to the current tariffs of the insurance company.

Insurers are trying to underestimate the amount of funds paid, so the victim’s task is to collect as much evidence as possible and submit all the necessary documents.

After the traffic police officers register the incident, the victim still has papers in his hands.:

• certificate of incident;
• protocol on an administrative offense (or a resolution to refuse to initiate a case).

Both documents must be submitted to the insurance company, whose policy will be provided to you by another participant in the accident. Company information and document number can be found in the Protocol. At the insurance company office you will be asked to fill out a Notification of the occurrence of an insured event.

IC staff will contact an expert to inspect the car and assess the damage. After his visit, you will receive an expert report with the amount of insurance payment. Even if you believe that you are owed much more money, arguing with insurers at this stage is futile. You need to visit the office again and write an application for the issuance of this exact amount.

The insurance company will transfer the funds to your account. At this time, you can contact an independent expert to assess the actual damage caused to your property.

Based on this document, it is necessary to draw up a claim to the insurance company demanding compensation for the missing amount and payment for the services of an expert. The claim must describe in detail the place and time of the accident, name the actual amount of losses, and how much was paid to the insurance company. At the end of the paper, you must demand to pay the remaining funds within ten days and declare your intention to resolve the issue through the court.

The claim is drawn up in two copies, one of which is given to the employee, and on the second you will receive his signature and a stamp with the date of receipt of the document. The response time of the IC is 10 days. Most likely you will not receive any compensation for the difference in funds, but you need the document as evidence in court.

Voluntary settlement

The difference in payments under the policy and real expenses can be recovered both from the insurance company and directly from the culprit of the accident.

A claim for compensation for losses must also be submitted to the participant in the incident if he does not have a compulsory motor liability insurance policy.

This method of solving the problem is most often found in European countries..

Cases of voluntary compensation in our country are extremely rare, but it is still worth trying to negotiate peacefully.

Before making a claim, it is necessary to have the car inspected by an expert.

In this case, your opponent must be present during the procedure, so take care of inviting him properly.

By law, you must notify a citizen living in your city about the procedure no later than three days before the inspection, and a citizen living in another city 6 days in advance.

After inspection and assessment of the damage, it is necessary to draw up a pre-trial claim against the culprit, which must contain the following points:

• details of the incident participant;
• information about the incident;
• information about the damaged property;
• examination data (details);
• amount;
• information about the insurance payment (if any);
• difference between insurance amounts and actual damage;
• demand for payment of the difference;
• data of the injured party to resolve the issue.

At the end of the claim, you need to propose the terms within which you want to receive payment and the form of payment (by transfer to the specified account or in cash).

The claim is accompanied by copies of all documents that you have in your hands after contacting insurance company. The package of documents is sent by registered mail with notification to the address of the participant in the accident.

Receiving payments through the court

All documents received from the Investigative Committee and those sent to the person responsible for the incident will become the basis for filing a claim for compensation for material damage in court.

This is the final stage of action.

It is worth noting that this is the most important and effective way receive the maximum amount of payments both from the insurance company and directly from the culprit of the accident, so you need to treat it with full responsibility.

In this matter, every little detail is important, so it is advisable to seek the help of an experienced lawyer.

The most important - correct composition statement of claim. The paper has a strictly defined shape, compliance with which is strictly necessary. Any errors may lead to refusal to accept the application or initiate legal proceedings.

The defendant may be the insurance company or the person directly responsible for the accident. The application is submitted to the magistrate court if the amount of the claim is up to 50 thousand rubles or to the district court if the amount of the claim is above 50 thousand.

The judge will also first try to resolve the issue amicably. The procedure for reconciliation of the parties is not mandatory in law.

How to file a claim

The rules for drawing up a claim are contained in Article 131 of the Civil Code. The document is drawn up in a free style form, but must necessarily contain the following points:

• details of the plaintiff and defendant;
• information about road accidents;
• results of contacting the Investigative Committee or the person responsible for the accident;
• information about the examinations performed and funds paid;
• request to recover the difference in funds. The amount to be recovered must be supported in detail by calculations;
• list of documents attached to the claim.

All previously listed documents in originals and copies must be attached to the application..

The document can be drawn up by hand or using technical means. At the end, the plaintiff puts a signature with a transcript and a date. A receipt for payment of the state fee must be attached to the statement of claim. The amount of the state duty is included in the calculation of the amount of the claim and is subject to recovery from the defendant.

If the culprit of the accident was the driver of a company car during the performance of his duties, a claim can be brought not against him, but against the legal entity-employer of the culprit. In this case, it will be much easier to achieve full payment as soon as possible.

The date on the application must coincide with the date of submission and acceptance by the secretary.

The period for consideration of the claim is 5 days. After this time, a court hearing is scheduled or the plaintiff is given a refusal to initiate the case. Refusal is a last resort, and can only be obtained if the claim is drawn up incorrectly or the package of documents is incomplete.

The statute of limitations for claims for recovery of material damage caused as a result of an accident is three years.

What to do after the trial?

If the court makes a decision in favor of the victim, within 10 days after the hearing, he receives a Writ of Execution for the recovery of damages from the culprit of the accident. This document must be submitted to the Bailiff Service at your place of residence.. There you will be asked to write an application to initiate enforcement proceedings.

From now on, you can only wait for the culprit to pay you money. If the claim was made to the insurance company, the payment will be made on time. According to the law, 2 months are allotted for this from the date of entry into force of the Resolution.

Wait for compensation for losses from individual possible for years, especially if he has no property and income. In this case, payments will be made in parts, sometimes very small. But you will no longer be able to influence the process; everything depends on the work of the bailiffs.

Compensation for damage resulting from an accident is a complex process that requires mental and physical strength. Only by making every effort can you achieve full compensation for losses by the culprit of the accident or the insurance company.

Useful video on the topic.