Sample lawsuit in the court for an accident. Claims for compensation for material damage caused as a result of an accident

Traffic accidents occur regularly. As a result of such incidents, damage is caused to both parties, but, more often than not, only one of them is guilty. If the guilt is proven, the injured party has the opportunity to compensate for the damage received as a result of an accident by going to court. V this case the claim guarantees the possibility of obtaining legal material compensation, both for physical injury and for.

When is it necessary to file a claim for compensation for damage caused by an accident

Based on Art. 135 of the Code of Civil Procedure of the Russian Federation, filing a claim with the court is the last stage of attempts to compensate for the harm caused. You can collect compensation from the defendant, who can be represented:

• the main culprit of the incident;

note

A pre-trial process with an attempt to resolve the conflict is optional.

• the insurer of the culprit;
• a specialized group of insurers.

The victim himself chooses whom to sue. However, such a choice is not always available, and in some cases a claim is filed exclusively against the culprit of the accident:

note

If the perpetrator of the accident dies as a result of an accident, you can claim damages from the heirs in the amount of the inheritance left over from the deceased.

In conditions when there is no victim in an accident, the essence of the matter comes down to reimbursing the cost of repairing the car. In this case, the percentage of wear and tear of the machine and the loss of a presentable look are taken into account. The amount of compensation is determined by means of an examination. So, money is paid for:

• purchase of necessary spare parts for the car;
• remuneration of labor spent on repairing a damaged car;
• carrying out the examination itself.

How to file a claim for compensation for damage caused by an accident

Based on the severity of the incident, as well as its participants, a claim can be filed in different services - in arbitration or in general courts.

A claim for compensation for damage caused by an accident is submitted to various authorities, depending on the value of the claim. If the amount of the claim is less than 50,000 rubles, the document is submitted to the magistrate, if it is higher than the specified amount - to the court of general jurisdiction.

Also, the choice of the court depends on the territorial location:

• at the actual or legal address of residence of the perpetrator of the incident;
• by the decision of the victim - at the place of the plaintiff's own registration or at the legal address of the insurance company serving the defendant.

The claim must be filed in accordance with the rules established in Art. 131 Code of Civil Procedure of the Russian Federation:

• it is necessary to indicate the full name of the instance to which the claim is filed;
• full names of the plaintiff and the defendant;
• full details of the plaintiff and the defendant;
• formulation of the text of the claim - what is the subject of the conflict, as a result of which it arose, argumentation, why the defendant is guilty;
• proof;
• the amount of the claim;
• a list of evidence attached to the claim.

The annexes to the statement of claim include: required amount copies of the claim against all participants in the process, documents confirming the fact of the incident, calculation of the amount indicated in the claim.

The composition of the documents that would confirm the legality of the claim include:

• confirmation from the traffic police;
• confirmation of receipt of damage (expert opinion);
• confirmation of the circumstances of the incident (traffic police protocol);
• a certificate from the insurer;
• a receipt confirming the payment of the state fee.

An important fact

For such a claim, the state fee may be different amounts.

The claim is considered in the standard mode. After five days, the court notifies the victim of the acceptance of the claim and the first hearing takes place within a month.

You need to defend your rights, especially when you are the injured party in the accident. Seek full compensation from the perpetrator of the accident. Prepare a statement of claim for compensation for damage caused by an accident, include an item on moral harm in it and send it to the judicial authorities. According to the law on compulsory motor third party liability insurance, the damage incurred will be paid for by the insurance organization responsible for the accident. Despite this, it will be difficult to achieve a positive decision without proper preparation. And sometimes you even have to directly sue the person who caused the accident. A similar measure will be required:

• when the insurer did not pay funds to the victim in an accident in full;
• if the car was damaged not while driving on the road, but during parking;
• is required, such a claim may be additional in case of compensation for other damage;
• the insurance company refused to pay at all, and it was not possible to appeal this decision;
• when the culprit of the accident occurred has expired the insurance contract or did not enter into it at all.

There is also a rule according to which it is impossible to impose requirements on the driver who made the collision. If the official owner of the machine is any organization, the losses will be reimbursed by the management of this company. A similar situation exists for transport managers by proxy. In this case, the funds will have to be collected from the owner of the car with whom the insurance contract has been concluded. And after that, the company or another car owner will make a claim for compensation to the direct driver and the perpetrator of the accident. This is done by sending a claim to court.

Pre-trial procedure for compensation for damage

Initially, it is worth trying to negotiate voluntary payments. But if the participant in the accident refuses to pay, you should act in two legal ways:

1. Submission of a written request to cover the costs of eliminating the consequences of the accident.
2. Referral with a similar requirement.

These measures are applied consistently. Although it is possible to directly submit a petition to the court, if you go through the pre-trial procedure, the chances of a satisfaction of the claim increase. Also, the claim procedure is mandatory when it comes to resolving such difficulties with the insurer. Before looking for a sample of a claim for compensation for damage caused by an accident, and then sending it to the district court, try to file a claim. Usually, the drivers who caused the accident ignore the requests of the second party, so the fact of submitting the letter must be recorded. There are other features of the pre-trial settlement of the situation:

• state all requirements and other information clearly so that your intentions are immediately clear;
• Describe in detail the traffic accident that caused the damage;
• tell why the other party has to deposit funds to cover the cost of restoring the car;
• still need to justify why this particular person should make payments;
• avoid emotional retreats, threats or rude statements addressed to the perpetrator of the accident;
• describe in detail the damage received, including hidden damage, supporting the information with an appropriate document;
• inform the amount required for payment, and also describe what it consists of (cost of repairs, costs of storage and evacuation of the car, etc.).

Any attached documents must be copied and certified by a notary (the originals remain with you). To consider a claim, you may need to:

• documentary confirmation of the fact of the accident;
• the results of the damage assessment;
• invoices for repairs and other expenses;
• proof of car ownership, etc.

You need to send a claim to the address where the perpetrator of the traffic accident lives. Better to send a document by registered mail with return receipt and a list of enclosed securities. Although you can deliver it through a courier, under signature.

What else should I write in the claim?

• when and where the traffic accident took place;
• what is the nature of the collision, and under what conditions it happened;
• which cars were involved in the accident (make, model and registration plate data);
• who owns these cars, and who was driving at the time of the accident;
• what kind traffic violations or other circumstances caused the accident;
• why the addressee of the claim is the culprit of the collision;
• what confirms the guilt of the person indicated in the appeal;
• for whatever reason, the injured party did not receive compensation.

Like a claim for compensation for damage caused by an accident, the claim must contain the amount of the expected payments. It is necessary to describe in detail where these amounts came from, supporting the calculations with links to documents. Next, you should propose to resolve the situation peacefully, without resorting to judicial authorities. Then indicate the period during which a certain amount must be paid (as a rule, two weeks are prescribed). Do not forget to provide the details of the account to which the money should be transferred.

It is worth describing other possibilities, because the perpetrator of the accident may have difficulties with a one-time transfer of funds. Therefore, indicate your contact phone number, by which the other party can contact you, agreeing on a different payment procedure. It should also be mentioned that in case of non-fulfillment of the requirements stated by the claim, you will submit a petition to the court. And this promises additional costs that will be collected from the defendant. As in the case of the claim, in the final part the attached documents are listed, the date and signature of the applicant are put.

What if the complaint didn't help?

Wait until the end of the period specified in the claim appeal, which is necessary for compensation for damage. If the culprit of the accident did not try to pay the amount indicated in the claim and did not declare his intentions in any way,. To be accepted for consideration, it is necessary that no more than three years have passed since the accident was committed, and the application itself must comply with the requirements of the law. However, in this case it is better. He will help with the claim, claim and represent your interests in court.

How to properly draw up an appeal to the judicial authorities?

When drawing up a petition, one should be guided by some rules that are stipulated by law or reflected in judicial practice:

1. Both the owner of the car and the driver who was driving directly at the time of the accident can act as a defendant.
2. If the culprit of the accident has died, the heir of this person is appointed as the defendant.
3. The data is forwarded to the same district or city where the respondent lives.
4. When several defendants are declared in the appeal, it can be submitted to any department of the court, at the place of residence of one of them.
5. If the cost of the claim is more than fifty thousand rubles, it must be sent to the district office, if it is lower, to the magistrate's court.
6. It is allowed to submit one petition from several plaintiffs, the main thing is that the necessary information is reflected in it.
7. In the sample statement of claim for compensation for damage caused by an accident, add information about the pre-trial measures carried out by the plaintiff.

Do not forget to attach a mandatory package of documents to the application, including papers from the traffic police, testifying to the accident, the results of the examination, receipts from repair shops and others.

What types of harm can be reimbursed in the course of legal proceedings?

According to the law, only those funds that are directly related to a road traffic accident can be collected from the defendant. These include:

• actually spent on eliminating the consequences of the accident cash;
• payment of planned expenses (for future renovation, which will need to be further evaluated);
• if the car is damaged so much that it is impossible to restore it, the cost of the car is reimbursed;
• it is also worth claiming compensation for the damage that was caused to health, as well as moral damage.

All amounts are carefully calculated as in court, objections may arise on them, and the defendant has the right to present his own assessment. The judge can also order an examination if doubts arise about the adequacy of the calculations. Therefore, in order not to delay the proceedings, try to indicate real amounts. If the amount unpaid by the insurance organization needs to be reclaimed from the perpetrator of the accident, then the cost of the claim will be equal to it.

What are the features of the consideration of the case?

If the claim is drawn up without errors, there is the necessary evidence and the court has been correctly determined, after its consideration, the date of the hearing is set. Initially, the judge will simply talk with the parties to the proceedings, finding out the availability of the necessary papers and facts stated in the appeal. After that, the case will be considered on the merits. In some cases, it is possible to make a decision without the participation of the defendant. When it comes into legal force, you must contact the bailiff service located in the same city or area where the defendant lives. They will collect funds.

However, in reality, things may not be so simple. Even if the claim for compensation for damage caused by the accident is satisfied, the defendant may not have the necessary amount to pay. There are many reasons: a person is out of work for a long time, pays alimony, there are loans, and so on. Therefore, you will have to carefully monitor the enforcement proceedings, regularly meet with the bailiff, motivating him to collect funds. The situation is much simpler with the defendants, which are state or other enterprises. In this case, the required amount is simply debited from the company's account.

Sometimes the culprit of an accident can be criminally liable. A similar measure is applied when the injured person in the accident was injured, severely inflicted or death. In addition to criminal proceedings, you can file a civil claim for compensation. His fate will depend on the person who applied:

• if sufficient grounds for satisfying the claims are not indicated, it will be left without consideration;
• when the amount of compensation is not fully justified, it will also not be considered;
• if the necessary evidence is collected, and the price of the application is confirmed, the application will be approved;
• refusal is also made when the required amount has already been received by the plaintiff at the pre-trial stage or otherwise.

In addition to material payments, the victim has the right to demand compensation for harm caused to health. If only such a requirement is declared in the application, the state fee is not paid. However, in this case, documentary evidence will have to be submitted to the court in the form of:

• medical records proving the terms of treatment;
• certificates in which the diagnosis is recorded;
• the conclusion of the treating doctor about the injuries received, etc.

When the victim died as a result of an accident, another person - a relative or a spouse - files a claim. The plaintiff is appointed by the investigator. There are other features of the consideration of the case, which it is better to learn about from a qualified lawyer. He will also help with the development of a petition and representation in the judiciary. And remember that the outcome of the entire proceedings depends on how competently and professionally the claim is drawn up, how accurately the documents confirming the plaintiff's arguments are drawn up.

What should be indicated in the appeal to the court?

If you do not have the opportunity to find an experienced representative, download on the Internet a sample statement of claim for compensation for damage caused by an accident and edit it to fit your needs. Universal sample it will not be possible to find, because a lot depends on the specifics of a particular situation. But there are certain provisions that must be in every lawsuit. The application begins with the indication of the name of the judicial authority to which the appeal is submitted. At the same time, the site number and its exact address are reported.

Next, you need to register information about the plaintiff and the defendant (name, addresses, phone numbers and other contact information) and name the cost of the claim. Then the name of the document is indicated and you can proceed to the descriptive part:

• inform the date of the road traffic accident (if possible, indicate exact time accident);
• information will be required on which section of the road the accident occurred (address, route kilometer number, other characteristic signs);
• name the make and model of the car responsible for the accident, as well as its registration number;
• you will also need the name of your car if we are talking about a collision of two Vehicle;
• when the driver collided with a pedestrian, it should be reported what damage was caused;
• similar information is indicated about the car (dents, broken glass, undercarriage breakdown, etc.);
• often, motorcycle owners are injured and their transport suffers;
• refer to being in a medical institution, confirming this fact with the relevant extracts from the hospital;
• if a car or other equipment is disabled as a result of an accident, tell about it in the claim;
• when other persons involved in the claim are injured in the incident, it will be necessary to describe their damage, indicate in the first part of the application as third parties or additional plaintiffs;
• how, according to the protocol of the inspector and the testimony of witnesses, the accident occurred, and how this proves the guilt of the defendant;
• what measures were taken to resolve the situation at the pre-trial stage (refer to the results of the submitted claim attached to the claim);
• whether any payments were made by the insurance company, and if so, tell them the amount;
• why the insurer did not pay the full amount of compensation, and what type of policy was the culprit of the accident.

If there is other information regarding the situation in question, and which you would like to state, please tell us about it in detail. After that, you need to list the references to the legislative norms governing these legal relationships. Basically, these will be links to civil legislation, the Civil Procedure Code, the Administrative Code and other laws.

Then, in the statement of claim for compensation for damage caused by an accident, the cost of the damage should be recorded. This concept includes the cost of repair and restoration work vehicle, medical expenses, disability, job loss due to sick leave and other expenses. All amounts must be carefully calculated, confirming documents from medical institution, the service center where the repair was carried out, the insurance company and other organizations.

Refer to the rule requiring the court to consider the degree of fault of the defendant and the amount of suffering suffered. And in connection with the latter, indicate that you need to compensate for moral damage (prescribe the exact amount). The amount of such compensation should be consulted with a practicing lawyer in advance.

How to file a claim correctly?

First of all, it is necessary to inform which person it is necessary to impose the obligation to compensate for harm. Usually this is the person who was driving at the time of the accident, and is now acting as the defendant in the case. The claims should once again clearly and concisely describe what the second party to the proceedings should collect funds for. Also briefly state the amounts to be transferred to the claimant's account.

Do not forget to write down for which act or harm caused this or that amount is assigned. Everything must be substantiated and supported legislation... Other penalties should include the costs of paying the state fee, carrying out an appraisal examination before or during the trial, and other expenses related to proving the defendant's guilt or committing a certain act (collision or collision with a pedestrian). When all the requirements are stated, proceed to listing the list of attached documents.

What papers will be required to satisfy the claim?

The list of documents is generally similar to the one that had to be collected for filing along with the claim at the pre-trial stage. It includes:

1. Copies of the petition, according to the number of participants in the proceedings.
2. Proof of payment of the state fee (the receipt is attached in the original).
3. A certificate from a medical institution proving that you have been on treatment for a certain period of time.
4. An extract from the medical record, which states the severity of the injuries received and the consequences to which they led.
5. A protocol drawn up at the scene of the accident by a representative of the traffic police (if an administrative proceeding was carried out, its results should also be attached).
6. The results of communication with the insurance company and the amounts paid by the insurer.
7. The second party's response to the claim submitted at the pre-trial stage, or confirmation of attempts to peacefully resolve the situation.
8. Documents from the service center that carried out the repair of the car or other vehicle, indicating the cost of the work.
9. Other papers that can influence the course of the trial (testimony of witnesses, results of the examination, etc.).

Copies must be made of all documents, having certified them by a notary. Or take the originals with you to the meeting to check them against copies. If you go to court through a representative, attach a duly executed power of attorney. After the list of attached papers, a signature and date of appeal are put.

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

The CTP insurance policy is called upon to help the perpetrators of road accidents in compensation for damage, but in practice situations often arise when it is not possible. In this case, it remains only to file a statement of claim against the offender himself and the perpetrator of the accident.

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

Does it make sense to file a claim?

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

Sometimes the injured party has the right to send a lawsuit to recover material or moral damage on its own. When is it possible?

• The insurance company paid the victim insurance, but it not enough for a complete car repair... In some situations, even the maximum limited insurance payment is not enough for repairs;
• Both drivers, the victim and the perpetrator of the accident,. If at least one of the parties has a policy, then payment issues 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 damage from the perpetrator of the accident.

If a lawsuit is drawn up to recover moral damage, then usually we are talking about an accident in which people were severely injured or even killed. The application in this case will be satisfied 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 a pedestrian is the culprit of the accident, payments from the insurance company should not be expected (since pedestrians do well without OSAGO insurance). In this situation, the only way to get compensation will be filing an application with a magistrate or district court where you will have to prove the guilt of a pedestrian using written evidence, recordings from street cameras, photographs or testimony.

Submission of a pre-trial claim

Before filing a statement of claim, you should try to settle the case amicably, through the preparation of a claim to the perpetrator of the traffic accident for compensation for damage. To do this, even at the scene of the accident, the injured party should write down the personal data of the perpetrator of the accident(Full name, registration address, contact details), so that a number of documents can then be sent to his name.

The pre-trial claim indicates a reasonable amount for damages and the requirement to pay it off within a specified time frame. The total amount of losses incurred consists of the actual damage to the car specified in the independent examination report, as well as the costs of the victim for the services of lawyers, for the transportation and storage of the car (associated costs). Non-pecuniary damage may also be included in the amount of damage.

Together with the claim, the person responsible for the accident is sent an act of independent assessment of damage and copies of documents confirming all the costs incurred by the victim. It is in the interests of the perpetrator of the accident to resolve the case amicably, because during the consideration of the case in court, he will incur a number of additional costs (legal costs). Without attempts to pre-trial compensation for damage, the judicial authority may simply not accept the statement of claim.

What should the statement of claim contain?

Correct drafting of 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 charge the costs of such services in the claim. You can download several samples of such claims from the link at the end of our article.

What does the statement of claim necessarily contain?

• Full name of the court to which the claim is sent;
• Surnames, 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 the 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 drafted in a standard way, using stable legal turns. Its correctness must be checked by the assistant referee before being submitted to the court.

List of documents attached to the claim

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

Mandatory documents required for any case include:

• victim's passport and statement;
• a copy of the protocol of the inspection of the place of the traffic accident and the protocol of the investigation;
• any materials about the accident, collected at the scene of the accident (certificates from);
• witness's testimonies;
• documents from insurance companies (motor third party liability agreements between the plaintiff and the defendant);
• a document evidencing an attempt at a peaceful settlement of the dispute (pre-trial claim with a mark of delivery);
• an act of independent examination of damage (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 perpetrator of the accident);
• the conclusion of the forensic medical examination (if there are injured people).

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

What to do after filing a claim?

After drawing up the statement of claim and collecting required documents an appeal to a magistrate or a district court follows. The justice of the peace hears cases with the amount of the claim less than 50 thousand rubles, the district one - more than 50 thousand. A claim should be filed at the address of residence of the perpetrator of 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 term for consideration of the statement of claim in the district court is 2 months, in the world court - 1 month.

Conducting an independent examination

Only state appraisers or private firms that specialize in this have the right to assess the damage to a car after an accident. You can also assign the assessment to specialized service centres or at scientific institute who is engaged in similar activities.

Before carrying out the examination, it is necessary to notify the perpetrator of the accident and the insurance company about the place and date of its carrying out, 3-6 working days (in person, on receipt or by letter with acknowledgment of receipt).

For the examination of the damage assessment, you will need some documents:

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

After an independent assessment, the victim receives a damage assessment act (it is signed by both the customer of services and the person responsible for the accident) with a photo of the damaged car on the day of the inspection. An expert opinion on the amount of damage calculated according to special technique... All documents are filed in a common folder and certified with a seal.

Samples of claims

As a result

In order for the trial to be successful, it is necessary to behave correctly even at the stage of drawing up an accident report. The traffic police inspector should be asked to indicate in the protocol the specifics of the scene of the accident in as much detail as possible, including the location of vehicles, the presence of road markings, road signs and traffic lights, weather and lighting levels, road conditions, and braking track data. It is not out of place to make an independent inspection of the car responsible for the accident, this will help to more convincingly prove the guilt of the defendant in court.

View a valid case template to save time to prepare for shipment. All statements have the required data fields. To fill them correctly, you need to understand the principle.

The easiest way to do this is to use the sample at the end. If you suddenly find an inaccuracy or mistake, please inform the editorial staff about the erroneous comments at the end. It is important to keep in mind that enforcement is not at one point and most documents continue to rapidly become obsolete. It is imperative to check the modernity of the provisions of the law set forth in them.

It is quite possible that some articles have already expired.

Sample statement of claim in case of an accident to recover damage from the culprit of the accident

COURT of Moscow

Plaintiff: ________________________

Representative of the Claimant:

advocate _______________________

Law office ___________

Moscow city ______________________

Tel. __________________________

Defendant: _____________________

Moscow city ______________________

Tel. __________________________

claim price: ____________________

state duty: ___________________

STATEMENT OF CLAIM
on the recovery of property damage caused as a result of an accident

September ____ at 8 o'clock 00 minutes in the area of ​​_____________________ of the Moscow region, a road accident occurred with the participation of a car of the brand ________, b.z. ________, driven by driver ________ (Defendant), and a / m brand ________, b.z. ________, administered by ________ (Claimant).

Guilty of an accident on the basis of the Decree in the case of administrative offense The magistrate of the ________ judicial section of the ________ of the Moscow region was recognized by the driver ________ (Defendant), who, in violation of clause 1.3 of the traffic rules of the Russian Federation, drove into the oncoming lane, thus he was found guilty of committing an administrative offense under Article 12.15 Part 4 of the Administrative Code RF, he was sentenced to deprivation of the right to drive vehicles for a period of four months.

Civil liability ________ (the Claimant) was insured at ________ CILUMV, on the basis of a ________ policy.

As a result of the road accident, the Claimant's car suffered significant technical damage.

The plaintiff organized an independent auto-technical examination, he also applied to the OSAO ________ for insurance compensation, which was paid to him in the amount of ________ rubles, within the limits established by the Federal Law "On OSAGO".

According to the conclusion of an independent autotechnical examination, the cost of eliminating AMTS defects, excluding wear, was ________ rubles, including wear - ________ rubles.

Thus, the difference between the property damage suffered by the Claimant and the insurance indemnity paid is (________ rubles - ________ rubles) = ________ rubles.

In accordance with Article 7 of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners", the sum insured, within which the insurer undertakes to compensate the injured in the event of an insured event, is no more than 120,000 rubles in case of damage to the property of one victim.

In accordance with Art. 1064 of the Civil Code of the Russian Federation, harm caused to the person or property of a citizen, as well as damage caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm. Losses are understood as expenses that a person whose right has been violated has made or will have to make in order to restore the violated right, loss or damage to his property (real damage).

According to Article 1072 of the Civil Code of the Russian Federation, a citizen who has insured his liability in the form of voluntary or compulsory insurance in favor of the victim (Article 931, Clause 1, Article 935), in the event that the insurance indemnity is insufficient to fully compensate for the harm, compensates the difference between the insurance indemnity and the actual amount of damage.

Thus, the difference between the insurance indemnity due to the Claimant and the actual amount of damage caused as a result of an accident in the amount of ________ RUB. is subject to recovery from the culprit of the road accident of the Defendant - ________. The Defendant is also subject to the collection of expenses for an independent auto-technical examination in the amount of ________ RUB.

The plaintiff also incurred the costs of paying for the services of a representative in the amount of ________ rubles, as well as payment of the state duty in the amount of ________ rubles. In accordance with Art. 98 Code of Civil Procedure of the Russian Federation to the party in favor of which the court decision was made, the court has the right to reimburse the other party for all legal costs incurred in the case.

Based on the foregoing, guided by Articles 15, 931, 1072, 1064 of the Civil Code of the Russian Federation, the Federal Law "On OSAGO", Articles 131-132, 88, 98 of the Civil Code of the Russian Federation,

To recover from the Defendant ________ property damage caused as a result of an accident in the amount of ________ rubles, as well as a sum of money in the amount of ________ rubles. as compensation for an independent auto-technical examination.

Collect from the Defendant monetary funds in the amount of ________ rubles spent by the Plaintiff to pay for the services of a representative.

Collect from the Defendant the funds spent on payment of the state duty in the amount of ________ RUB.

Applications:

• a copy of the protocol on an administrative offense (2 copies per 1 sheet);

_________________/________/

About date and time court session I ask you to inform by telephone message to the address of lawyer education at the above contact numbers.

Sincerely,

___________________/________/

Statement of claim for compensation for damage in case of an accident

Completion of the investigation by the traffic police inspector of the material about the accident and the issuance of an appropriate resolution entail new stage actions - compensation for damage caused in an accident. This stage can be bypassed in the event that it is possible to reach an agreement between the perpetrator of the accident and the victim.

Otherwise, you need to prepare for the trial. For all the obviousness and seeming simplicity of preparing for the judicial procedure, this is far from being as easy as we would like; so the task of the seeker of justice is to know the laws of the functioning of the judicial system, which he will have to face.

Before preparing for the formation of the "package of documents" required for filing a civil claim for compensation material damage and moral damage resulting from an accident, it makes sense to send a potential defendant (regardless of whether physical or legal entity he is) claim (required by registered mail with return notification) with a statement of the entire list of requirements for the existing problem.

The claim should be offered to compensate for the harm caused in the pre-trial procedure, indicate that in the case of proceedings in court, the claims will include the costs of paying state fees, legal services and others. You should also indicate the period in which you are waiting for a response to the claim and your contact information to contact you.

The lack of a positive reaction to the claim indicates that it is possible to file a claim and compensation in court. It must be remembered that the burden of proof, in accordance with the provisions of the Civil Code of the Russian Federation, lies with the person making the claim.

Whoever demands is the one who proves. The court acts as an arbiter. Based on this, each provision of a civil claim containing material requirements against the defendant must be supported by appropriate evidence.

Thus, each step associated with the victim in an accident with monetary costs that have a causal relationship with the accident must be reflected in documents that can later be used in court. Therefore, collect all receipts, checks, invoices, and if they are not given under any pretext, insist on issuance.

In order to avoid unnecessary disputes, already in the process judicial review it should be remembered that prior to the examination, a notice or telegram should be sent to the perpetrator of the accident, that your damaged car will be examined by an expert.

Any doubts about the correctness of the assessment of the identified mechanical damage, as well as their involvement in an accident, the consequences of which are the subject of a dispute, should be reflected in the form of comments on the calculation or inspection report. Usually, those who disagree simply refuse to sign and then declare in court what they did not like.

Late. All your objections and comments should be recorded with your own hand directly on the calculation form. As practice shows, the results of the calculation are received by the person who presented his car for assessment no earlier than 3–7 days after the date of the inspection.

During this time, you can collect the rest of the documents for filing a claim, including a receipt for payment of the state fee, the amount of which is calculated as a percentage of the amount of material claims presented.

After collecting the above documents and attaching to them, as a basis for going to court, the decision of the administrative authorities on an accident with an indication of the offending driver, whose actions led to the accident, you can start drawing up a statement of claim. To the claim a statement copies of the statement of claim according to the number of defendants and third parties, a receipt for payment of the state duty, a power of attorney for a representative (if the statement of claim is signed and (or) submitted by a representative), the calculation of the amount of money that is collected from the employee, with copies according to the number of defendants and third parties ...

The statement of claim is submitted to the site of a magistrate or a district court, depending on the requirements and at the location of the defendant or the registration of the organization. It is difficult for an ordinary person to competently form a statement of claim and collect the entire package of documents, therefore our company recommends immediately contacting specialists.

Download a sample statement of claim
on compensation for damage caused in an accident

Sample statement of claim in court - invest consulting company

In ________________ district (city)
court __________________________ area
(territories, republics)
SOURCE: _________________________
(full name, address)
ANSWER: _______________________
(name of organization or
Full name. citizen, address)
THIRD PERSON: ____________________
(full name of the driver, manager
vehicle)
Claim price __________________

STATEMENT OF CLAIM
on compensation for damage caused by a road traffic accident

(Indicate the place and time of the accident) there was a road traffic accident involving a car (indicate the brand, license plate), which belongs to me on the right of ownership, and the defendant's car (indicate the brand, license plate).

As a result of this traffic accident, my car (indicate make, license plate) was damaged.
As established by the investigation, the traffic accident occurred due to the fault of the driver (indicate full name), driver (indicate brand, license plate) belonging to the defendant (indicate the owner of the car - either the name of the organization or the full name). citizen). The fact of guilt is confirmed (indicate the documents confirming the guilt of the driver).

The material damage caused to me is:

1. according to the report of the independent examination by Invest Consulting (indicate the document number, date of drawing up), damage assessment in case of an accident made on the basis of the car inspection report (indicate the document number, date of drawing up), the cost of repairing my car is - (indicate the amount) rubles;

Total total amount the material damage caused is - (indicate the amount) rubles.
In connection with the foregoing, on the basis of Art. 1064, part 3 of Art. 1079 of the Civil Code of the Russian Federation

1. To collect from the defendant (indicate the owner of the car - the name of the organization, or the full name of the citizen) in my favor in compensation for damage _________ rubles. and the state duty paid by me under this claim _________ rubles.

Applications:

Sample application for compensation for an accident - sample statement of claim petitioning a complaint to the court

Ivanov Ivan Petrovich

87519 Mariupol, settlement Mirny st. Crank, __

Defendant:

Closed Joint Stock Company "_____________________"

Mariupol, Sidelnikov Ave., 42

Third parties:

1. Ivanov Igor Vladimirovich

87519 Mariupol, pos. Mirny st. South, __

2. Fedorov Ivan Pavlovich

Mariupol, per. Zarechny, ___

STATEMENT OF CLAIM

on compensation for material damage caused by a road traffic accident and moral damage

On June 30, 2004, at about 11:30 am in Mariupol, on the road near the 4 gateways of Gagarinstroy LLC, a road accident occurred - a collision of a ________ excavator, state. number ________, under the control of the driver Ivanov Igor Vladimirovich, and passenger car AZLK 2140 state. number _________, under the control of the driver Ivan Petrovich Fedorov.

The excavator belongs to CJSC _______________. Driver Ivanov I.The. is in labor relations with the specified company.

AZLK 2140 car, state number _________ belongs to me on the basis of personal property. Driver Fedorov I.P. entered in the data sheet as having the right to drive this vehicle.

The AZLK 2140 car was parked at the right curb a few dozen meters from the 4-gates of the Gagarinstroy LLC enterprise. The excavator moved in the same direction from the entrance gate towards Karpov Avenue (Donetsk highway). There were no more cars on the road.

When the excavator was driving around a stationary AZLK vehicle, while performing the specified maneuver, it made a collision, hitting the AZLK vehicle with the blade, and stretched it several meters along the road.

According to the results of the inspection carried out by the traffic police inspector of the State Traffic Inspectorate A.A. Sidorov, the collision occurred through the fault of the driver I. V. Ivanov, who was driving the excavator.

As a result of an accident, an AZLK 2140 car, state number _________, produced in 1982, of blue color, which belongs to me on the right of personal property, suffered technical damage.

According to the act of auto-commodity research on determining the cost of material damage, No. 333 of 12.07.2004, the cost of material damage is 2141.00 hryvnia. The cost of the examination is UAH 250. The cost of drawing up a statement of claim is UAH 100.

In addition, as a result of this accident, my car cannot be repaired. I lost the car, which I used for regular trips to the dacha, which is located 100 km from my house and is one of the sources of livelihood for me and my family.

Now I can't go there without extra high costs... It broke the course of my ordinary life... I'm in constant stress since I have no funds to repair the car.

My health has deteriorated.

Due to the unlawful actions of the defendant, I cannot visit my friends and relatives.

The defendants refuse to compensate for the damage caused. Experiences, nervous stress caused by the lack of funds, disruption of the course of the usual life led to a deterioration in health, disruption of normal life ties. I believe that as a result of an accident I have suffered moral damage, which I estimate at 2000 (two thousand) hryvnia.

Guided by Art. 1166, 1167, 1172, 1187 Civil Code of Ukraine,

1. To recover from the defendant in my favor the amount of damage caused in the amount of UAH 2,141.00,
2. To recover from the defendant in my favor the costs of paying for the examination in the amount of UAH 250. and payment of legal aid in the amount of UAH 100. and the cost of paying the state duty.

Ilyich with the participation of an excavator __________ state number _________ and a car AZLK 2140 state number ____________ under the control of drivers Ivanov I.V. and Fedorov I.P.

Application:

• a copy of Act No. 333 on determining the cost of material damage.

"……" ……………………… 2004 _______________ I.P. Ivanov

Popular Samples and Document Templates

Very often, a claim for compensation for damage in an accident is the subject of legal proceedings. Such claims have become classic and fairly common in judicial practice.

The adoption of the Law on Compulsory Motor Third Party Liability Insurance made the filing of such claims a little more difficult. Now, on the side, 2 persons can participate in them: the insurance company and the perpetrator of the accident. If the person, through whose fault the accident occurred, does not have a valid OSAGO policy, he will compensate for the damage caused independently and in full.

An example of a claim for compensation for damage in an accident

To Tyndinsky District Court

Amur region

Tynda, st. October, 32, apt. 7

Defendant: LLC VashaStrakhovka,

address: 675000, Blagoveshchensk,

st. Vostochnaya, 32,

branch in Tynda

Defendant: Golov Konstantin Matveyevich,

address: 676080, Amurskaya Oblast, Tyndinsky district,

Tynda, st. G. Titova, 32, apt. 81

October 18, 2019 on the section of the Tynda - Blagoveshchensk highway near the village of Magdagachi (213 km), the driver Konstantin Matveyevich Golov, driving a MAN TGA 18.430 4x2BLS car, state registration plate AA143K 84 RUS (2005 onwards) in 0 hours 15 minutes. made a collision with a car NISSAN UD3452D (2010 onwards), state. reg. sign OS412V 14 RUS, owned by me on the right of ownership and under my control.

By the definition of the traffic police inspector of the Ministry of Internal Affairs of Russia "Magdagagachinsky" dated 10/18/2020, it was established that the defendant is the culprit of the accident. The fault of the Claimant (the second participant in the accident) is absent. As a result of an accident, my property was damaged: the cab, bumper, right front fender, right door, front axle housing, car roof.

Under the insurance contract, the plaintiff and IC VashaStrakhovka entered into a written agreement on the choice of insurance compensation in the form of issuing the amount of the insurance payment. On October 23, 2020, I applied to the VashaStrakhovka insurance company, which is an insurer under the OSAGO agreement. The insurance organization paid out the insured amount in the amount of 296,000 rubles. However, I disagree. An independent examination carried out on my order determined the amount of damage caused at the rate of 462,000 rubles. taking into account the works.

On October 29, 2020, VashaStrakhovka LLC was sent to revise the amount of the insured amount, for which on November 4, 2020, a response was received to refuse to increase it.

Since, according to the results of an independent examination, the amount of damage caused exceeds the established by Art. 7 of the Law on Compulsory Motor Third Party Liability Insurance, the amount that the insurance company must pay me, the difference must be in accordance with Art. 1072 of the Civil Code of the Russian Federation was reimbursed by the culprit of the accident (62,000 rubles).

Based on the foregoing, guided by Art. 12, 14.1 Federal law from 25.04.2002 N 40-FZ "On compulsory insurance of civil liability of vehicle owners", Art. 1064, 1072, 1079 of the Civil Code of the Russian Federation, Articles 131, 132 of the Civil Procedure Code of the Russian Federation,

1. To collect in my favor from VashaStrakhovka LLC insurance compensation in the amount of 166,000 rubles;
2. To collect in my favor from the Head of Konstantin Matveyevich 62,000 rubles for the damage caused.

Application:

1. Copy of the statement of claim (2 copies)
2. Receipt for payment of state duty
3. Copy of TCP, SR
4. Accident certificate
5. Determination of refusal to initiate an administrative offense
6. Statement from the current account in the bank on the transfer of the sum insured
7. A copy of the claim and the answer to it
8. Assessment of the damage caused (issued by an authorized organization)

S.V. Lopatin 20.01.2021

We draw up a claim for compensation for damage in an accident

To prepare a claim, you will need a certificate of an accident, which lists the damage caused to the car, an OSAGO policy, a copy of the order on bringing to administrative responsibility or refusing to initiate an administrative case (which confirm the degree of guilt of the participants in the accident), documents for the car (PTS, SR).

From 01.10.2014, the damage subject to compensation from the insurance organization may amount to a maximum of 400,000 rubles. And the limit on compensation for harm to life and health is 500,000 rubles. If the damage to the car is less than the amount, only the insurance company will be the defendant. The culprit of the accident can be brought in as (to testify in court, etc.).

Usually, insurance companies make their own assessment of damage, which may not correspond to the actual size. With this in mind, a written claim must be sent to the insurance company, which must be considered within 5 days. DIRECTION OF A CLAIM in case of disagreement with the assessment of damage, refusal to pay the sum insured, etc. NECESSARILY.

So, the following information is reflected in the statement of claim:

• about the accident (time, place, circumstances, participants and their fault);
• the amount of damage (determined by the insurer and an independent expert);
• the fact of sending a claim and refusal to satisfy the claims of the plaintiff on a voluntary basis;
• calculation of the order of compensation for damage by each of the defendants.

Submission of a statement of claim to the court

A statement of claim with copies of all materials according to the number of persons involved in the case is submitted to the district court. Moreover, if the driver used the insured car only for personal, family and other unrelated entrepreneurial activity purposes, the consumer protection law applies. That is, the plaintiff can file a claim at his place of residence, and not only the location of the defendant or the execution of the OSAGO contract.

The proliferation of relations for the protection of consumer rights for OSAGO insurance gives several bonuses. First, what was said above. Secondly, it is the right to collect. Thirdly, the penalty for refusing to voluntarily satisfy the claims of the plaintiff. Fourth, there is no need to pay.

During the consideration of the case, you can apply for compensation for everyone (including for the services of a representative, payment for an independent examination) from the defendant, as well as claim compensation for moral damage.

A claim for compensation for damage in an accident can be filed within 3 years from the date of the accident and damage.