Pre-trial claim against the culprit of an accident without compulsory motor liability insurance (Sample)

• Deciphering the concept and purpose of compilation
• When is a claim made?
• Rules for filing a claim
• How to submit a claim to the person responsible for the accident
• Deadlines for filing and responding to a claim
• Documents that must be attached to the claim
• Sample document

If the participants in the accident cannot agree on all the details of compensation for damage, then the victim has the opportunity to file a pre-trial claim against the culprit of the accident. The rules and procedure for preparing this document, as well as its samples, will be given in the article.

Deciphering the concept and purpose of compilation

Pre-trial claim is a demand of the injured party for compensation for losses incurred due to the actions of the initiator of the accident, drawn up on paper.

Sending the document is one of the stages of receiving compensation for damage caused as a result of an accident. If both participants in the incident are individuals, then filing a pre-trial claim is possible, but not necessary.

Often in disputes between citizens, a claim is an effective measure against the culprit of the accident. It demonstrates the seriousness of the intentions of the injured party.

Procedure for going to court

A road traffic accident involuntarily makes its participants subjects of legal relations for compensation for damage caused.
The liability of each driver is subject to insurance (Federal Law No. 40-FZ dated April 25, 2002), therefore the procedure for interaction with the insurer is regulated by the specified regulatory act. Before filing a claim against the culprit of the accident or another defendant, you must follow a number of steps:

1. Notification of the insurer (the person who suffered the damage sends a notification of the occurrence of the insured event).
2. Providing documents for compensation (the injured party sends an application for compensation of losses to the insurance company in the form established by Bank of Russia Regulation No. 431-P dated September 19, 2014, with the provision of additional documents).
3. Inspection and decision on payment (the insurer organizes an inspection of the vehicle to which the damage was caused and makes a decision to refuse or make a payment, establishing the amount; the maximum amount of payment under MTPL agreements for property damage is set at 400,000 rubles).
4. Notification of the insurer about disagreement with the amount of compensation (if the injured party does not agree with the decision of the insurance company, a corresponding notification is sent with its own option for calculating the amount of compensation and an attachment of an expert opinion).
5. After an accident, a claim is drawn up against the culprit or another defendant and presented to the court (if you ignore the conditions set out in the notification, you should draw up a claim, reflecting all the circumstances of the case, and determine the requirements; after that, send the documents to the court).

When is a claim made?

Possible reasons to write a pre-trial claim are as follows.

• The initiator of the accident does not have a compulsory motor liability insurance policy. In this case, the obligation to pay the amount of damage falls entirely on him. Accordingly, in such a situation, a pre-trial claim should be drawn up against the culprit in an accident without compulsory motor liability insurance.
• The damage resulting from the accident is more than the maximum amount of payments from the insurance company.
• The participants in the accident did not contact the insurer, and the culprit subsequently refused to compensate for the losses.

What to do if you are in an accident

If you get into an accident, you should adhere to the following algorithm of actions:

1. Record the position of the vehicles after an accident and set up a warning triangle.
2. Check if there are any casualties. If there are victims, call an ambulance or ensure their delivery to the hospital.
3. Call the traffic police at 102.
4. Record the scene of the accident in photos and videos. If the affected vehicles do not allow other vehicles to pass, after securing them they must be removed from the roadway.
5. Check the availability of compulsory motor liability insurance policies from other participants in the accident and present yours. You can check the validity of your MTPL policy through the website of the Russian Union of Auto Insurers.
6. Write down the contact details of all participants and witnesses.
7. Call your insurance company and report the claim.
8. Wait for the traffic police to arrive. They will file an accident and issue a ruling to initiate an administrative violation case.
9. Within 5 days after registering an accident, you must submit a notification of the accident to your insurance company within 5 days.
10. If you are the injured party in an accident, and the culprit of the accident does not have insurance, you will need to conduct an auto technical examination and send a claim to the culprit.

Rules for filing a claim

The law does not establish a uniform form for drawing up a pre-trial claim. It can be written in any format and form. In this case, the document must contain the following information:

• information about all participants in the accident, contact information of the sender of the claim;
• detailed description of the incident: location, time, vehicle data, consequences of the accident;
• amount of compensation;
• method and period of compensation.

The requirements set out in the complaint must be based on current legislation. The document must contain the legal acts referred to by the victim.

If the accident was caused by a driver without insurance and the victim demands compensation from him for repair costs, then the amount of damage must be confirmed by the results of an independent assessment.

It is recommended to notify the person responsible for the accident in advance about the time and place of the examination.

The victim has the right to demand compensation from the initiator of the accident for all costs associated with the accident. These include not only the repair of a damaged car, but also the services of a tow truck, payment for an examination or assistance from lawyers.

It is recommended to submit the claim in 2 copies. One should be sent to the person responsible for the accident, and the second should be kept for yourself. If legal proceedings are initiated, it should be attached to the statement of claim.

Trial

The person at fault for a traffic accident may refuse to comply with the victim’s demands or simply not respond to the claim. In this case, a lawsuit is prepared and filed in court. We remind you that if the damage was caused only to property, then the statute of limitations for such cases is 3 years. There are no time restrictions when causing harm to health.

When drawing up a statement of claim, you must strictly comply with the requirements established by law. Particular attention should be paid to collecting evidence. Otherwise, the judge may simply leave the appeal without consideration.

At this stage, we always recommend involving a specialized lawyer in the case. Do not be afraid of additional expenses - an experienced specialist will be able not only to defend the client’s rights, but also to obtain reimbursement of expenses from the defendant.

How to submit a claim to the person responsible for the accident

You can send a claim to the initiator of the accident by mail or deliver this document in person. If the first option is chosen, it is better to arrange the shipment by registered mail with notification of receipt and a description of the attachment. This method of notification is preferable. This leaves the injured party with documents confirming the filing of the claim.

How to correctly write a no-claims receipt: sample

Such a receipt is a document confirming the peaceful resolution of the conflict between two drivers. The information contained therein indicates that one person, whether private or legal, has no claims against the other.

Documents of this kind are usually drawn up in a number of cases. Most often, this type of paper is used when registering accidents; it also takes place when signing such receipts when leaving a job, dividing material property, as well as when repaying a debt.

For a receipt to have legal force, it must be drawn up correctly. Here are the main elements that should be present in this document:

• the name of the document itself is “receipt”;
• exact date of compilation;
• the essence of the receipt (the subject of the question);
• details of the originator of the receipt and signatures of witnesses (if any).

Although the text of the receipt itself is written in any form, it is necessary to indicate the personal name and registration address of the originator, data of the second person, details on the issue regarding which the originator has no claims.

Approximate receipt form

The word “receipt” should be written in the center.

The paragraph should contain approximately the following text: “I, (full name, passport details, registration address), received from (full name, passport, address) 25,000 rubles as compensation for damage caused as a result of an accident (indicate the date).”

After this, it should be mentioned that there are no more claims against the second party. Signature below.

Advice! At least once, the receipt must indicate the date in words rather than in numbers.

After this, it is worth noting that the receipt was drawn up in two copies and has equal legal force.

Having considered how a waiver of a claim in case of an accident is drawn up. It is worth discussing the subtleties of this design of an accident.

Deadlines for filing and responding to a claim

The period during which a pre-trial claim can be filed depends on the damage that must be compensated:

• a claim to compensate for damage caused to the victim’s property can be filed no later than 3 years from the date of the accident;
• You can demand compensation for harm to the victim’s health at any time.

The deadline for responding to a claim is indicated in the document itself. Usually it does not exceed 30 days from the date of receipt of the document.

Consequences

If a pre-trial claim is made in case of an accident, the parties can resolve the conflict peacefully. In this case, an agreement is concluded. The document records the specifics of fulfillment of obligations and the fact that there are no claims. If an agreement has not been reached, or the provisions of the settlement agreement in case of an accident are not fulfilled, an appeal to the court is made. In this case, the victim prepares a claim. The pre-trial claim is included in the list of evidence. It will confirm that the person tried to resolve the conflict peacefully.

You must go to court at the place of registration of the culprit of the incident. The rule applies when it comes to compensation for property damage. When damage has been caused to health, it is permissible to submit an application at your place of registration. The case may be heard by a magistrate or district court. It all depends on the size of the requirements. If their volume does not exceed 100,000 rubles, you need to go to the magistrate’s court. In another situation, you will need to file a claim with the district authority. You will need to pay a state fee. It is calculated in accordance with Article 333.19 of the Tax Code of the Russian Federation.

Documents that must be attached to the claim

All requirements set out in the appeal to the person responsible for the accident must have documentary evidence. To do this, copies should be attached to the claim:

• certificates of road accidents issued by the traffic police;
• documents from the insurance company;
• documents confirming the amount of damage (expert opinion, payment receipts);
• documents confirming the right to receive compensation (for example, PTS).

This set can be supplemented with other documents related to the accident and substantiating the claims of the victim.

Why write a pre-trial claim under OSAGO

Since 2014, compliance with the pre-trial procedure for resolving disputes under compulsory motor liability insurance is mandatory by force of law (Article 16.1 No. 40-FZ). If you go to court immediately, the claim will not be considered.

Therefore, we write a complaint on any controversial issue. In particular, when the insurance company:

• refuses to pay or reduces the amount of insurance payment;
• violates payment deadlines;
• performs poor-quality repairs;
• attracts “its” experts and appraisers, which influences the results of the examination;
• makes incorrect calculations (bonus-malus coefficient, insurance amount);
• imposes additional services, etc.

But: writing a claim does not mean simply observing a formality. If the insurer voluntarily does not comply with the requirements, then you, as a consumer, will be able to recover through the court a fine in the amount of 50% of the amount assigned for collection (clause 6, article 13 of the Law on the Protection of Consumer Rights No. 2300).

That is, if the court awards 100,000 rubles in your favor, you will receive 150,000 rubles. The only thing you will need is evidence that you submitted the claim correctly (more on this later).

Sample document

As already mentioned, the law does not establish a uniform form for drawing up a pre-trial claim. But to properly format the document, you can get acquainted with its options.

Drawing up a pre-trial claim is one of the ways to obtain compensation for damages from the culprit of the accident. If both parties to the incident are individuals, then the stage of drawing up this document can be skipped and a statement of claim can be filed immediately. In practice, filing a claim often helps to obtain compensation without bringing the matter to court.

Nuances

Filing a pre-trial claim allows you to demonstrate to the perpetrator of the incident the seriousness of your intentions to receive compensation. This allows you to increase citizen loyalty. The presence of a claim is not mandatory, but it will increase the likelihood of a positive decision.

A pre-trial claim can also be brought against the insurance company. The method of influence is used if there are grounds to believe that the organization has illegally underestimated the payment. In this case, the preparation of the evidence base will need to be approached with special care, since insurance institutions usually employ highly qualified lawyers.

Legal assistance from PravoZashchita

The assistance of a lawyer for compensation for damages in case of an accident increases the chances of fair compensation. The PravoZashchita company offers any assistance to the injured party - from a free initial consultation to support of the case in court. The price of services starts from 5,000 rubles, and the final cost depends on the complexity of the case. If the result is positive, our clients reimburse their expenses at the expense of the person at fault.

To recover damages from the culprit of an accident, a lawyer:

• negotiates with the guilty party;
• conducts claims work and draws up a settlement agreement;
• forms the evidence base for the court;
• files a claim;
• protects the client's rights during the trial.

An experienced lawyer for compensation for damages in case of an accident will also provide assistance at the stage of enforcement proceedings. He will ensure that the victim receives payments in full from the material assets of the culprit.