We draw up a lawsuit against the insurance company. How to sue an insurance company. Verification of the legality of claims

Failure to comply with contractual obligations on the part of the insurance company - unfortunately, such situations are now not uncommon. First, a citizen buys a policy, and then he is forced to spend time and nerves on skirmishes with managers who are trying in every possible way to understate payments, and sometimes refuse to issue money.

Honest's lawyers have repeatedly helped clients recover money from the insurance company and know how to sue insurance company, win money and get compensation. At the same time, legal services in such situations for the applicant are ultimately free of charge, since the costs of the examination and legal support are recognized as legal costs and are recovered from the guilty party.

When suing the insurance

Before thinking about how to sue the insurance company, call Honest, tell us more about your situation, specify what documents are on hand and what exactly you will ask the court for. We will analyze your situation and advise whether it is worth getting involved with the claim from a legal point of view. We will tell you how great the chances of success are, if there are any potential problems. The first consultation of our specialists is free of charge.

In general, the situation with lawsuits against the insurance company should be divided into two types.

Refusals to pay

Nowadays, insurance companies rarely refuse to pay compensation. Unless the refusals can affect motorists - for example, the insurance company can try to refuse compensation in case of mutual fault in an accident. Reasons - alcoholic intoxication of one of the drivers or leaving the scene of the accident.

Understatement of the payment amount

More often than not, insurance companies underestimate the amount of payments. This practice is available on the market for both OSAGO and CASCO. In such a situation, you should file a lawsuit against the insurance company if you have already conducted an independent examination, sent a pre-trial claim to the IC, but the insurance company refused. Also, insurance companies underestimate the amount of payments in the event of an apartment gulf and other situations when to pay full amount organization is unprofitable.

Procedure

It is worth filing a lawsuit against an insurance company in a situation when you are sure that you are right.

Assessment of the situation

For example - a motorist got into an accident through no fault of his own. The damage is not very large, but it costs 100 thousand rubles due to expensive spare parts. The insurance company agrees to make compensation, but only 60 thousand rubles appears on the driver's account - the insurance company “did not notice” some hidden defects.

At this stage, you need to conduct an independent examination, which will take into account all damage to the car and correctly calculate the amount of damage.

Having received an expert opinion with a reasoned calculation of damage, you will be able to demand a reasonable amount from the insurance company.

Pre-trial claim

The claim is filled in free form. We will give you a form along with a damage assessment report and tell you what to write. A pre-trial claim can be submitted to the company manager in person. In this case, it is printed in two copies, you take one with a mark of acceptance. If the manager refuses to put a mark on your copy, then you need to send a claim by registered mail.

Lawsuit

If the insurance company refused to compensate for the damage under the pre-trial claim, it is necessary to prepare a claim. First of all, you need to decide in which court you need to file a claim. The choice depends on the price of your claim - if less than 50 thousand rubles, then we turn to the magistrate's court. If more, then you need to bring a claim to the district.

When you prepare a claim, you include all your expenses related to solving the problem. This is the amount that the insurance company must pay: the cost of the examination, the cost of postage, and so on. If you decide to hire lawyers to help, the costs of their services are also included in the cost of the claim. True, in such a situation, this should no longer worry you - after all, the document will be prepared by the lawyers themselves.

Litigation with an insurance company is a rather long process. Firstly, the courts in Moscow and St. Petersburg are overloaded, and secondly, the defendant, represented by the insurance company, may deliberately delay them. Don't be fooled or intimidated. If you decide to conduct the process yourself, then agree to a settlement agreement only when it is really beneficial.

How Honest's lawyers can help

By contacting Honest, you receive a full cycle of qualified legal assistance. We will advise, carry out an examination, draw up a pre-trial claim and prepare a lawsuit for you. Turning to Honest, you can be sure of the quality of the service provided.

Save time

Honest's specialists carry out thorough preliminary work with the client, collect all required documents, draw up a claim and then try to bother the applicant as little as possible. Litigation with an insurance company is our job, not a client's headache.

If you need to sue an insurance company, contact Honest. We will find the right solution.

Very often, after the occurrence of an accident, insurance companies refuse to pay monetary compensation for the insured vehicles(TS). It so happens that the application has been written, all the documents have been collected, the deadlines for the payment of material compensation have long passed, and the car owner still does not see the money. In such cases, deceived clients begin to look for an answer to the question: “how to sue the insurance company and win the case”? Let's consider the whole process in detail.

The first thing to do is to prepare all the certificates and required (mandatory) documents:

• vehicle insurance contract (copy);
• identity document and identification code (copies);
• registration papers for cars and driver's rights.

In addition, you must have a formalized protocol from the scene of the accident, as well as invoices for repairs at the service station. Remember to make copies of these documents before handing over the originals to the insurance company.

The second step (at the request of the vehicle owner) can be an appeal to a lawyer for clarification. This is necessary for greater confidence in their innocence and unambiguous victory in the course of court proceedings. After that, feel free to do all the necessary examinations. For example, if an insurer company refuses to pay compensation under OSAGO, arguing that the damage received does not correspond to the circumstances, it will be necessary to make a trace inspection. If the subject of the dispute between you and the insurer is the amount compensation payment, then it is necessary to conduct an independent expert assessment of the damage received, which will help to adjust the price of the claim in the direction you need.

The third and final "preparatory" step is determining the court where the claim should be filed. What is necessary? First of all, add up your requirements and expenses (for examination, consultation, mail correspondence, etc.). If the total amount of the claim is less than fifty thousand rubles, then the filing must be carried out in the magistrate court, if it exceeds 50 thousand, then in the district one. Next, you need to determine the actual address of the courthouse. A claim against insurance companies is filed strictly at the place of their registration. For example, if the policy is issued by a branch, then a claim must be filed at the place of its registration, and not the main company. If you incorrectly locate the court, you will most likely receive a refusal to accept the claim or it will increase the waiting time for an answer, since the case will be redirected to another court.

Correct drafting of a legal claim against the insurer

Should you sue an insurance company if the insurer harasses your rights? Of course, yes. The main thing is to draw up a claim correctly. In accordance with the norms of the Civil Code of the Russian Federation (Article 131), the statement of claim must consist of the following points:

• the name of the judicial institution where the case will be heard;
• the names of the applicant and the defendant, as well as the representative (lawyer) on the person who submits the application (if any), contacts, registration addresses, phone numbers of the plaintiff and the defendant. All data must be accurate, without errors;
• a description of the main requirements and violations by the insurer. This is what you want to legally return with the help of the court. For example: “to recover from the defendant (insurer) 100 thousand rubles of compensation”. Usually this phrase is used at the end of a statement. When justifying your position, it is best to rely on legal regulations indicating article numbers.

There are plenty of examples of claims on the Internet. And if you have any difficulties filling out the documentation, then contact legal aid... The claims are also accompanied by supporting papers: a certificate of acceptance of your documents from the insurance company and its written refusal to pay. With the drafting of the claim, everything is clear, now we will deal with the direct filing of a lawsuit against the insurance company.

Procedure for submitting a claim

It is necessary to send an application to the court with all copies of documents in two copies (the second is sent to the defendant) by registered notification letter with a list of attachments. You can also sue the insurance company directly by coming to the address of its location. That's all. It remains to wait for the summons.

As a rule, the first hearing of the case is scheduled no earlier than a calendar month after the receipt of the claims. This is a preliminary meeting where you can add evidence to the case or withdraw claims (if an amicable settlement is reached).

If the preliminary hearing is over, and you and the defendant have not made concessions, then you should prepare for multiple visits to the courtroom. After the court has made a decision on the case, there are thirty days to file an appeal. If the decision has not been appealed, you will receive an execution sheet. This completes the procedure. So we figured out filing a lawsuit against the insurance company. Holding this article into service, you can be confident in your victory and calmly submit claims on your own, defending your rights.

The problem of obtaining insurance arises before each participant in an accident. The insurance company, upon signing the contract, assuring you of full and immediate compensation for losses, begins to delay the process as much as possible or simply refuses to pay money when you apply for a claim for compensation due.

So, you failed to get compensation for damage after an accident in before judicial procedure: the insurance company refused to pay compensation, paid a clearly underestimated amount that did not cover all the costs of car repairs, or delayed payments without notifying you of the reasons.

There is a way out of the situation - you can.

As a rule, many owners of cars injured after an accident do not agree with the decision of the insurance company, but few decide to sue it. The main reason is ignorance of the procedure for filing an application to the court and disbelief in a positive result. but arbitrage practice shows that the majority of such disputes are won by the victims of road accidents, so do not miss the moment and protect your interests!

If you think that the insurer underestimated the payment amount, good decision there will be a performance, the results of which you can present in court. Unlike an insurance company, an independent examination as a disinterested party guarantees the most objective assessment of damage.

What documents are required when filing a claim in court?

• vehicle registration documents;
• insurance contract;
• protocols, decisions and certificates of the traffic police;
• a copy of the application that you submitted to the insurance company;
• expert opinion on the damage caused and the cost of refurbishment;
• if the car has already been repaired - repair certificates and invoice.

This is a mandatory list of documents. In court, you will have to provide originals or notarized copies. If the originals of any documents are in the insurance company and you were unable to make copies, indicate this in the lawsuit.

How to draw up a statement of claim correctly?

When filing a lawsuit against an insurer, you must draw up a statement of claim in writing, and it is very important to do this correctly.

V statement of claim you must specify:

• the name, address and telephone numbers of the plaintiff and the defendant;
• the content of the claims;
• the price of the claim in accordance with the requirements of a material nature, i.e. the amount that you want to recover from the defendant;
• the reasons for making the claims and the facts on which these claims are based;
• the date of the conclusion of the contract with the insurance company.

If there is evidence of violation of the contract by the insurance company, attach it to the claim. At the end of the application, you need to list all the attached documents, indicating the number of pages in each, indicate the date of filing the application with the court and put your signature. Attach a receipt for payment of the state duty to the application, the amount of which is set tax legislation and wait for the court hearing.

Remember. If you doubt that you will be able to collect all the necessary documents and properly draw up a statement of claim, entrust the protection of your interests professional lawyer... In addition to assistance in drafting and submitting documents, a lawyer can study the contract with the insurance company and find provisions in it that will help you win a dispute with the insurer, as well as act as your confidant in negotiations with representatives of the insurance company. In addition, according to Art. 100 Code of Civil Procedure of the Russian Federation, court costs are reimbursed by the guilty party, i.e. if you win in court, the services of a lawyer will be free of charge for you.

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The insurance company paid the money, but we think it is not enough, we will apply to an independent one. Can I use the money or not before the trial?

Making a compulsory insurance policy is not always a guarantee of receiving payments when insured event... Insurers often try to evade payments, and then the injured party has to defend its rights in court. In this article, we will consider in detail how to properly draw up a claim, what documents should be attached to it and what evidence to collect in order to increase the likelihood of victory.

○ Pre-trial resolution of disputes with the insurance company.

The law provides that before going to court, you need to try to solve the problem with payments peacefully. For this, a pre-trial claim is drawn up against the insurance company (clause 1 of article 16.1 Federal law dated April 25, 2002 No. 40-FZ, hereinafter No. 40-FZ).

This is explained by the fact that litigation is unprofitable to either side. Even if the court ruling in his favor, the plaintiff will lose time and money. Rarely, a decision is made after the first meeting, which means that the process can be delayed indefinitely. In addition, it is the plaintiff who must pay the state fee, legal services and, if necessary, an independent examination. Although in case of victory these expenses will be compensated, it should be borne in mind that the initial investment will be substantial. Therefore, a peaceful solution to the problem is beneficial to both sides.

○ Reasons and grounds for filing a claim in court.

If the case cannot be resolved amicably, the insured will have to go to court.

• "The claim is subject to review by the insurer within ten calendar days, with the exception of non-working holidays, from the date of receipt. Within the specified period, the insurer is obliged to satisfy the requirement expressed by the victim for the proper performance of obligations under the contract compulsory insurance or send a reasoned refusal to satisfy such a requirement (part 1 of article 16.1 No. 40-FZ). "

Based on this law, the basis for filing a claim will be the company's written refusal to pay monetary compensation... Another reason for going to court may be a delay in the transfer of payments, when the insurer does not send a notification and does not transfer funds.

○ We draw up a claim.

The statement of claim does not have a strict form and is drawn up in an arbitrary order. However, Art. 131 of the Civil Procedure Code of the Russian Federation (hereinafter referred to as the Code of Civil Procedure of the Russian Federation) regulates what information should be reflected in it. According to this law, the document states:

• Full title judicial authority to which the claim is directed.
• Personal data of the plaintiff.
• Information about the respondent.
• Description of the claim.
• Grounds for the claim: here you should indicate the arguments for filing a claim, indicating the regulations and clauses of the contract governing the protection of the rights of the plaintiff.
• Claims against the defendant in the form of a specific payment amount.

The statement of claim is drawn up by the plaintiff, in the role of which is the policyholder. The document is signed by him personally, or by his representative, endowed with the appropriate powers (clause 4 of article 131 of the Code of Civil Procedure of the Russian Federation). A sample claim can be downloaded here.

○ Filing a claim.

The statement of claim is filed at the place of registration of the insurance company. If the amount exceeds 50 thousand rubles, the case is considered in the district court, if less - in the world court.

One copy of the claim is sent to the court, the second - to the insurance company. You can take the document in person, or send it by registered mail. The claim must be accompanied by:

• Proof of compliance with the pre-trial procedure for contacting the defendant. In this case, you must attach a written refusal of the insurer or, if he did not respond to the claim, a document sent to him with a postal receipt.
• Contract concluded with the insurer.
• CTP policy.
• Conclusions of experts from the scene of the accident.

It is necessary to submit all available documents that are relevant to the case. When filing a claim, it is imperative to draw up an inventory of them and attach to the application.

○ Collecting evidence for the trial.

The presence of evidence is key point in the successful outcome of the case. A party has the right to refer only to those points that it can prove. Therefore, it is extremely important to submit to the court as many documents as possible that testify to the right to compensation.

In addition to the documents attached to the claim, you should prepare:

• Originals of all insurance premium receipts.
• A document fixing the fact of the accident.
• Receipt for payment of state duty.

The main proof of the legality of the policyholder's actions will be the conclusion of an independent expert. This document will be confirmation of the validity of the material claim of the plaintiff.

It is important to consider that the longer the process lasts, the greater the damage to the policyholder.

○ Justification of the amount of claims.

It often happens that an insurance company significantly underestimates the amount of payments, not including some types of payments. necessary work... It may also be that the calculation was made for the repair of a spare part, which in fact must be replaced. To identify incorrect calculations, it is worth making an independent calculation, which will become the basis for litigation. If the results of the examination of the insured and the insurer do not match, the court appoints a forensic examination, based on the results of which it will make a decision.

✔ Material damage.

This type of damage is calculated based on the results of the examination. If the insurer has paid insufficient funds, with an appropriate court decision, he must pay the missing amount. And if there were no payments at all, then the company will pay compensation in full. In this case, in size cash payments also includes the size of the state duty, the use of legal services and the conduct independent expertise(in the presence of).

✔ Moral damage.

To obtain this type of compensation, it is necessary to prove to the court that there are grounds for this. There are some difficulties in this issue since mental suffering that is not expressed in physical form is not so easy to prove. It can help to contact a psychologist and the availability of the appropriate certificate, as well as undergoing a course of treatment in the clinic after receiving bodily injuries.

In this case, litigation is recognized as moral damage and the plaintiff has the right to demand compensation for their passage.

✔ Penalties, penalties, fines.

The insurer may be exposed to the following liability measures:

1. Financial share - a fine of 0.05% for each day of delay in responding to a request to receive compensation. The insurance company has 20 days to agree to or refuse payments. If during this time there is no reaction to the application, from 21 days after the submission of the documents, a financial share in the specified amount begins to be accrued. Accruals stop on the day of receipt of a written response from the company or after a court decision.
2. Penalty (penalty) for failure to comply with the terms of cash payments or compensation in kind. The amount of interest in this case is 1% for each day of delay.
3. Penalty (forfeit) for violation of the deadlines for issuing a referral for car repairs and / or failure to comply with deadlines renovation works... In the first case, the accrual starts from 21 days and is 1% for each day of delay, in the second - from 31 days and is 0.5%.

One of the unpleasant moments in the relationship between the car owner and the insurance company is a situation in which or significantly underestimates its amount.

Often, the resolution of these confrontations is delayed and the only effective option for restoring the rights of the car owner may be filing a lawsuit against the insurance company.

Litigation with an insurance company is currently far from unique. Collection required documents, confirming your eligibility to receive the insurance benefits due, is a laborious, but necessary occupation.

List of documents for legal action to the insurance company will be as follows:

• Copy insurance policy and receipts for insurance payment, insurance contract valid at the time of the accident.
• Copies of documents for the car, technical inspection coupon, copies of all powers of attorney and driver's licenses for the persons indicated in the insurance.
• Notice established form about the accident.
• Protocol and resolution of the traffic police.
• Inspection certificate and opinion of an independent expert.
• Receipts confirming expenses related to the insured event.
• Calculation of the cost of repair. If the car has already been repaired, then the documents certifying the costs of restoring the car after the accident.
• Receipt for payment of the state fee.
• A copy of the insurer's refusal to pay insurance compensation.

All documents must be copied.

A number of documents in originals can only be with the insurance company, if it was not possible to make copies of them, be sure to reflect this in the claim in order to oblige the insurance company to provide the originals or certified copies to the court.

Insurance company claim

The requirements that determine the form of the statement of claim are established by the Code of Civil Procedure of the Russian Federation. The statement of claim is filed in writing directly by the plaintiff or his authorized representative.

Litigation with an insurance company is currently no exception.

During the preparation of a claim, the following important steps should be taken:

• It is necessary to decide how the application will be submitted - by the plaintiff or his representative.
• Identify the proper defendant in the case, indicate his exact address and location. The representative of the insurance company in the relevant region may not always be the defendant in the case. Powers of representative offices and branches legal entities are spelled out in the company's charter. Therefore, you may have to sue the head office located in another city.
• Having found out who will be the defendant in this dispute, you need to decide in which court your dispute will be considered. According to the established procedure, the application is filed at the location of the defendant, although an alternative replacement is also possible if the procedure for considering disputes arising from the terms of the contract directly indicates this.
• Clearly describe the current situation, indicating legally significant facts, as well as the reason for going to court.
• Outline the claim. The law stipulates that the court makes a decision on the stated claims. Consequently, this part is perhaps the most important in the circumstances, since if it is impossible to satisfy the requirements according to the compiled form, the court is obliged to refuse. The requirements should be substantiated by references to the rules of law.
• Determine the evidence in the case. Attach available documents to the claim.
• Prepare copies of the statement of claim with the attachment of all documents submitted to the court according to the number of participants in the case.
• Pay the state fee.
• Determine the cost of the claim, that is, the cost of insurance compensation. The cost of the claim is made up of all monetary claims:

Filing a claim against an insurance company

The filing of a statement of claim can be carried out in the following order:

• The plaintiff in this case personally.
• An authorized representative of the plaintiff, if appropriate documents are available.
• By registered mail with a list of attachments. Only copies are sent by letter, and in the statement of claim it should be noted that the originals of the documents will be provided directly at the hearing.

The first session of the court will take place no earlier than one month after the date of receipt of the claim by the court.

During this time, the insurer may well change his mind and offer to conclude an amicable agreement in order to satisfy the claims of the plaintiff.

The settlement agreement represents its glad compromise - each of the parties will have to make concessions.

It is the right, not the obligation, of the defendant to accept the settlement.

If the offer is accepted, then the court with the insurance company is terminated.

If the insurance company with which you have entered into a contract is declared bankrupt, then you need to contact its liquidator (bankruptcy administrator) in order for your claims to be included in the register of all creditors' claims. If the funds and property of the bankrupt company are sufficient, then your claims will subsequently be paid off.

Compliance issues will never lose their relevance. Therefore, knowing their rights guaranteed by law, any car owner can not only independently decide possible problems, but also to protect their interests, if the need arises. In some difficult situations you may need the help of a lawyer who will help to draw up claims and tell you.