Pre-trial claim under OSAGO 2021: 4 sample claims to the insurance company

If the insurance company refuses to pay, or you receive less than you should, go to court. But first, be sure to send a pre-trial claim to the insurer.

Important! When filing a pre-trial claim under MTPL, use additional leverage over the insurance company.

You can contact:

to the Russian Union of Auto Insurers (file a complaint);
to the Bank of Russia (file a complaint);
to the territorial department of Rospotrebnadzor.

What do you need to know about the claim procedure in order to receive a decent insurance payment and additional monetary compensation?

Legal requirements

An attempt to avoid litigation in court is not only an opportunity for the driver to receive fair compensation for losses in the near future, but also a necessary procedure.

By law, before filing documents in court, the plaintiff is required to try to resolve the issue amicably.

If, when filing an application with the court, it turns out that there is no pre-trial claim against the insurance company under compulsory motor liability insurance, the claim will not be considered. The proceedings are terminated even if the fact of the absence of a claim is revealed during the trial. This issue is regulated by Articles 16.1, 222 and 132 of the Code of Civil Procedure of the Russian Federation.

In addition, pre-trial settlement is the most effective method of solving the problem. If the driver’s claims are true, it is preferable for the insurance company to avoid going to court and satisfy the applicant’s request. It is also more beneficial for the driver to receive fair compensation before the case goes to court. This allows you to avoid the time and financial costs that are inevitable when filing and considering a claim.

What other compensation can you demand?

In a pre-trial claim to an insurance company under compulsory motor liability insurance, you can demand payment (compensation):

vehicle repair costs;
loss of market value;
tow truck services;
road workers services;
storage services for damaged vehicles;
the cost of repairing road signs and fences;
transporting victims to hospital;
cost of examination,

as well as other expenses that arose in connection with the occurrence of an insured event (clause 50 of the Resolution of the Plenum of the Supreme Court No. 58).

Delay in fulfilling obligations under the MTPL agreement by the insurance company is compensated by a penalty in the amount of:

1% of the due payment amount;
0.5% of the repair cost for each day of delay.

We begin to count the days of delay: in the first case, from the 21st day, in the second, from the 31st day from the date when the insurance company received your application for insurance payment (repairs).

Additionally, you can only demand monetary compensation for moral damage and a consumer fine of 50% in court.

How to properly file a claim

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The document is drawn up in free form, but it is recommended to use a sample claim to the insurance company for compulsory motor liability insurance, containing all the information required by law.

What else to read:

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How to get money instead of repairs under compulsory motor liability insurance: a detailed review

If any data is missing, the claim may be returned without consideration.

The application must indicate:

full name of the defendant's company;
legal address of the office;
Full name, place of registration and actual address of the victim;
list of claims to the insurance company;
a description of the reasons why the applicant considers the insurer’s actions to be unfair;
references to legislative acts confirming the grounds for the claim;
a note stating that the claimant does not agree with the compensation awarded;
requirement to provide a fair amount of compensation (indicate the amount);
details of the bank to which funds must be transferred if the requirements are met.

For claims sent on behalf of a legal entity, it is necessary to indicate the name and position of the originator.

If there is no disagreement with the prescribed payments in the document, companies often refuse insurance compensation.

Sample pre-trial claim to an insurance company

We have prepared current sample claims to various insurance companies.

The samples are in .doc format, so you won’t have any problems downloading, opening and filling out the necessary data and sending them to the Investigative Committee. Use it.

Sample of a universal claim for compulsory motor liability insurance.
Sample claim for compulsory motor liability insurance to Reso-Garantiya.
Sample claim for compulsory motor liability insurance at Ingosstrakh.
Sample claim for compulsory motor liability insurance at Rosgosstrakh.

Important! Be careful. All data must be filled out correctly, otherwise the insurance company will not even consider the claim.

Fill in the information on the circumstances of the accident, the details of the culprit of the accident and yours. Fill in the information of the insurance company and provide the correct link to the insurance rules. Attach all necessary documents.

If in doubt, contact a lawyer. Save time, nerves and money, among other things.

Time allotted for filing an application

According to paragraph 21 of Article No. 12 of Federal Law No. 40, the deadline for filing an application for pre-trial settlement of disputes regarding “motor civil law” is defined not only as a limitation, but also as the right to file an application.

According to the mentioned legislative document, the policyholder has the right to file a claim in the following cases :

The next day or later, after the date when the insurance policy holder learned about the refusal of compensation for the insured event (we talked in detail about what to do if the insurance company refuses to make a payment in this material).
20 calendar days after sending a notification to the insurance company about the occurrence of an insured event.

According to the same clause of the law on compulsory motor liability insurance, the claim must be submitted to the insurer within 10 calendar days from the date of the right to submit such a document.

If circumstances are such that you have to conduct pre-trial and judicial proceedings with the insurance company, you may find some of the publications of our experts useful. Pay attention to these articles:

What is the statute of limitations for insurance companies under compulsory motor liability insurance?
How to recover a penalty from the insurance company through the court?
What to do if the insurance company has paid little under compulsory motor liability insurance?
How to properly file a claim with the insurance company for underpayment?
How and where can I complain about the insurance company?

What documents should I attach to the claim?

All available documents confirming the validity of the victim’s claims are attached to the application. The more evidence the driver provides that he is right, the greater the chance that his request will be satisfied in full.

As evidence of underestimation of payments, an independent expert’s opinion on the amount of damage and the cost of restoration is provided. The owner of the car will have to pay for the examination. The procedure is carried out only after insurance employees have carried out the inspection and assessment required by the concluded contract. After receiving a report on the amount of compensation from insurance specialists, you can provide the car for inspection by independent experts.

If an independent examination is carried out before the assessment by the insurance company, it has the right to refuse to consider the claim.

If there were additional expenses (payment for a tow truck), you must provide insurance receipts. You will also need a certificate of damage to the driver’s health, if any.

The beneficiary must also attach other documents to the application. You can use the originals, but it is better to provide notarized copies to the insurance company.

The standard kit includes:

applicant's passport;
title documents for the damaged vehicle;
insurance contract with the defendant company;
power of attorney (if the application is not submitted by the owner of the car);
certificate of the accident;
protocol drawn up by traffic police officers;
notification of an accident (if traffic police officers were not present when the accident was registered).

How to file a claim?

Pre-trial conflict resolution is mandatory. If the car owner goes to court with a corresponding claim, bypassing the procedure for filing a claim with Rosgosstrakh, the judge will leave this statement of claim without progress.

A claim may be sent to the insurer in the following cases:

if some damage to the car is not recognized after an accident or other insured event;
with unreasonable use of an increased wear rate of component parts;
when reducing the cost of repair work to restore the car;
in case of groundless underestimation of the insurance premium;
if the company refuses to provide payment;
etc.

The pre-trial claim does not have a unified form, therefore it is drawn up in a free form. The appeal must be drawn up in writing and supplemented with documents confirming the fact of violation of the rights and interests of the insured person.

A written claim can be submitted in person to one of the Rosgosstrakh offices or sent by mail. The electronic version is issued on the official website of the company (https://my.rgs.ru/pretrial.wbp) or sent in PDF format by email

Claim for “in-kind” compensation

In case of in-kind compensation for damage, the insurance company, within the scope of the contract, sends the car to one of the service stations owned or cooperating with it. Service station workers carry out comprehensive repairs, restore damaged areas and return the car to the owner with the specified warranty period.

The reason for filing a claim for compensation in kind may be:

poor quality repairs;
identification of deficiencies in work performed during the warranty period;
The repairs have not been completed in full.

After reviewing the claim by insurance workers, a decision may be made to send the car for re-repair. If necessary, the company can pay monetary compensation to restore the car at a third-party car service center. Also, drivers are often denied payment and repeated repairs. This is possible if their claims are found to be unfounded.

What the law says

The deadline for considering a claim under compulsory motor liability insurance is established in Art. 16.1 Federal Law No. 40 dated April 25, 2002. The article determines in which case the victim can file a claim with the insurer, within what time it must be considered, and what penalties are provided for failure to meet the deadlines.

By law, if the victim does not agree with the way the insurer fulfilled its obligations, he can file a claim. It must be accompanied by documents that substantiate the requirement. The period for consideration of the application is set at 10 calendar days, excluding non-working days or holidays, from the moment the application is accepted by the insurer.

In 2021, the deadline for considering a claim under compulsory motor liability insurance did not change.

How and when to submit a claim to the insurance company

The completed claim is submitted to the insurance company. It is acceptable to send a copy of the claim to the person responsible for the accident. If the company with which the contract was concluded declared itself bankrupt and disappeared, the documents are transferred to the Union of Auto Insurers.

The collected package of documents can be sent by registered mail with acknowledgment of receipt, which allows you to record the filing date for counting the consideration period.

Delivery of papers in person to the insurance office is considered the best option for filing a claim. The employee receiving the documents records the filing date on the claim. This will come in handy if the company does not respond to a complaint in a timely manner and you have to file a claim.

A claim is submitted if:

compensation was not paid within twenty days after the accident;
the amount of payments is artificially low;
The insurance company refused to pay for the damage.

They submit documents if a notification is received that does not meet the driver’s expectations, or after the expiration of the period allotted by law for the payment of compensation. The owner has 10 days to submit documents.

If there are compelling reasons, a claim may be filed within three years. Further, it is impossible to recover compensation even through the court; the case is closed after the statute of limitations has expired.

The Supreme Court clarified the terms of compensation under OSAGO

On August 28, 2021, Irina Lozhkina* got into an accident in her Nissan Tiida; the second participant was found to be the culprit of the accident. Since he is insured by GSK Yugoria JSC, the victim contacted this company for compensation; she sent the application on September 26. A few days later, her car was examined by an expert from Ugoria; he estimated the repair at 84,600 rubles. The company had to pay the insurance within 20 days from the moment the driver applied, that is, until October 16, 2021. The day before the deadline, Ugoria sent by mail a referral for car repair. The addressee did not receive it, so it was returned due to the expiration of the storage period.

About a month passed from that moment and the woman turned to an independent expert and notified the insurance company. On November 15, the car owner received a conclusion that the cost of repairing the car was 190,500 rubles. The owner of the car sent a claim to the joint stock company and asked to pay her this amount, and not send it to the service center. But she was refused, since the transfer of money is not provided for in such cases. In its response to the claim, the insurance company noted that it had already sent the woman a letter directing her for repairs.

The insurance company will pay

Then Lozhkina filed a lawsuit, citing the fact that the insurance company did not issue her a referral for repairs on time. She asked to recover the amount for the restoration of the foreign car, a penalty, compensation for moral damages and legal expenses - almost 630,000 rubles in total.

To assess the damage caused to the car, the court ordered an auto technical examination. According to the conclusion, restoring the car will cost 184,300 rubles. Then the plaintiff clarified her requirements and asked to transfer 6,200 rubles for repairs. less, as the forensic expert “calculated”, but also pay for the examination (25,000 rubles), that is, only 648,000 rubles.

Get an MTPL policy: instructions

To this, the defendant stated that he sent Lozhkina a referral for repairs. The insurance company added a copy of the document to the case file. The first instance noted that the referral submitted by Ugoria was not signed by the plaintiff. The paper does not contain information about how long the repairs will take or how much they cost. The company did not provide evidence to the court that it actually received a referral from the owner of the damaged car.

The Slavyansk City Court of the Krasnodar Territory missed the deadline for insurance compensation. According to Part 21 of Art. 12 of the Law on Compulsory Motor Liability Insurance (“Procedure for the implementation of insurance compensation for harm caused to the victim”), the company considers applications for payment within 20 days from the date of receipt. During this time, she must either transfer money to restore the car, or send it for repairs, or refuse to pay insurance. In fact, the driver did not receive a letter with a referral for repairs, therefore the defendant did not comply with the requirement to issue it within 20 days.

The first instance turned to the resolution of the Plenum of the Supreme Court No. 58 of December 26, 2021, which allows victims to recover funds from the insurance company through the court if it violates its obligations to issue a referral for repairs. The court partially satisfied Lozhkina’s claim and recovered almost 620,000 rubles from the joint-stock company in her favor, reducing the amount of compensation for moral damage and the amount for the representative (case No. 2-351/2019).

The appeal agreed with this position, but reduced the amount of the penalty from 300,000 to 170,000 rubles. The Krasnodar Regional Court indicated that, in accordance with Art. 333 of the Civil Code (“Reduction of penalties”), the amount must be proportionate to the consequences of the violated obligation. In total, about 490,000 rubles were recovered in favor of Lozhkina. (Case No. 33-29545/19). The cassation court left the decision unchanged. Then “Yugoria” complained to the Supreme Court. A

Made it to the “last carriage”

The case was examined by a troika chaired by Sergei Astashov. The board indicated that the lower authorities did not take into account that the insurance company had 20 days to pay or send for repairs - until October 16, 2021 (since Lozhkina filed a statement on September 26). And “Yugoria” sent by mail a direction to repair the car before the expiration of this period, on October 15. The tracking report shows that it was delivered, but Lozhkina did not receive it, so it was returned to sender on November 19th. The Supreme Court noted that a message is considered delivered if it reaches the addressee, even when he has not read it for his own reasons.

Sending a referral for repairs by mail within 20 days from the date of acceptance of the application from the victim indicates that the insurance company has properly fulfilled its obligations, the Supreme Court decided

Moreover, the troika noted, according to the case materials, the company warned Lozhkina about the prepared direction for repairs in response to the claim.

The Supreme Court also did not agree with the position of the lower authorities that the submitted copy of the repair order cannot be taken into account when resolving the dispute. It, as the board points out, indicates the service that will restore the car and the period (no more than 30 days), as well as the amount of repair costs - 84,600 rubles. This information, the troika decided, was quite enough. Therefore, the panel for civil cases overturned the decision of the lower authorities and sent the case for review to the appeal, where the dispute has not yet been considered (case No. 18-КГ20-52-К4).

In the Lozhkina case, the Supreme Court approached the issue formally, says Alexandra Stirmanova from AB S&K Vertical S&K Vertical Federal Rating. group Family and inheritance law group Private wealth management group Arbitration proceedings (major disputes - high market) group Bankruptcy (including disputes) group Corporate law/Mergers and acquisitions 18th place By revenue 25-27th place By number of lawyers 6th place By revenue per lawyer (more than 30 lawyers ) . Overturning the decisions of the lower courts, the panel came to the conclusion that in fact there were no violations on the part of the insurance company, since the law does not limit the form of transfer of a referral for repairs by personal transfer. Sending by mail is not against the law.

In fact, sending a letter almost on the last day of the deadline is aimed at delaying the start of repairs. After sending the correspondence by mail, the insurance company did not care whether it reached the addressee.

Alexandra Stirmanova, lawyer at S&K Vertical S&K Vertical Federal rating. group Family and inheritance law group Private wealth management group Arbitration proceedings (major disputes - high market) group Bankruptcy (including disputes) group Corporate law/Mergers and acquisitions 18th place By revenue 25-27th place By number of lawyers 6th place By revenue per lawyer (more than 30 lawyers )

Stirmanova believes that it is necessary to legislatively regulate the procedure for sending referrals for repairs to victims. Allow the possibility of a postal referral only if it was not possible to hand over the repair referral to the victim personally, the expert believes.

*- the names and surnames of the participants in the dispute have been changed by the editors.

Anastasia Sinchenkova

Grounds for refusal

The insurance company has the right to refuse to consider an application if there are compelling reasons provided for by law. Reasons for refusal include:

non-insured events (the victim was under the influence of alcohol or drugs during the accident);
violation by the applicant of the terms of the MTPL agreement;
the application is submitted on behalf of a citizen who is not the owner of the car or his legal representative;
the package of documents was provided in an inappropriate form or not in full;
the first application for payment of compensation was submitted untimely (later than 5 days after the accident);
the culprit’s insurance company lost its license to carry out manipulations under compulsory motor liability insurance;
incomplete information was provided in the claim;
there is no mark of disagreement with the actions of the insurance company;
when the accident case is being considered in court (since it is not possible to establish the full picture of the incident);
the applicant did not provide information for transferring compensation;
the driver did not provide a car to check the quality of work (with in-kind compensation).

The concept of pre-trial demand

A claim for an insured event under MTPL is an application that must be sent to the insurer’s postal address or submitted in person to its territorial office.

The purpose of the application is the pre-trial settlement of the dispute between the holder of the MTPL policy and the company that sold it. According to Article No. 16.1 of Federal Law No. 40, which came into force on September 1, 2014, submitting an application for pre-trial settlement is a mandatory step that must precede trial under a compulsory transport insurance contract.

If such a document was not sent to the insurer, the court has a legal basis for closing the case on the claim of the insured, without consideration. This right of the court is enshrined in Article No. 222 of the Civil Procedure Code of the Russian Federation.

When to go to court

You need to go to court if all actions to resolve the conflict have not brought the desired result. When filing a claim, you must comply with two time parameters established by law:

twenty days after filing the first application for payment of compensation;
five days after the insurance company accepts the claim.

When drawing up a statement of claim, it is necessary to describe the situation in full from the moment of the accident. It is recommended to add payments for loss of market value to the amount of compensation established by an independent expert.

The statement of claim is drawn up in triplicate. All documents confirming the validity of the claims must be attached to it. It is better to go to court with the support of an experienced lawyer.

How long should I wait for an answer?

If within 10 days from the receipt of the claim by the insurer, payments have not been received into your account, you can go to court.

But in general, it’s better to wait a month: until the letter arrives, until it is received (up to 30 days correspondence is stored - track the movement of the letter on the Russian Post website using the track number), then 10 days for a response and 3-5 (sometimes more) days for delivery of a letter from the insurance company.

If you take it personally, then wait 10 days, and you can go for an answer.

A written refusal, partial payment, ignoring a claim - all this is a reason to go to court to protect your rights and recover all due monetary compensation.

Answers on questions

When will payments under compulsory motor liability insurance be made?	Within 20 days after receipt of the complete package of documents
What sanctions are applied to the insurance company if the deadline for reviewing a claim is not met?	A penalty may apply.
From what day will the penalty be accrued?	From the next day after the expiration of the 10-day period.

The culprit does not want to voluntarily compensate for the damage - what to do?

Submitting a pre-trial claim does not guarantee that the person causing harm to the vehicle will immediately agree to pay every penny. Many people who cause accidents go straight to failure. But this is not a reason to give up and get upset.

If the other party does not want to compensate for the damage from the accident voluntarily, you will have to go to court:

File a claim and collect evidence.
Determine the amount of claims. This determines which court the claim should be filed in:

for damage up to 50 thousand rubles - to the magistrates' court;
if over 50 thousand - to the district or city court.

Decide on the court - a claim for damages after an accident is filed in court at the place of residence of the defendant (the culprit). On the website of the State Automated System of Justice you can find magistrates and district courts operating throughout the Russian Federation.
Send a copy of the claim and documents to all participants in the lawsuit (including the defendant).
File a lawsuit.
Attend meetings, answer the judge’s questions, provide evidence of your case.
Wait for the court's decision and pick up the writ of execution from the office.
Transfer the IL to the bailiffs or to the accounting department at the defendant’s place of employment.

The bailiffs will probably start working with the debtor next. Or they won’t start and you’ll have to try to make them work on your own. There are a lot of difficulties in collecting debts from those responsible for road accidents.

Something else useful for you:

Mutual fault under compulsory motor liability insurance - how is payment made?
Where to go if the insurance company is declared bankrupt?
Registration of an accident with an accident commissioner - what is the difference and what are the risks?

Is it necessary to file a pre-trial claim against the person responsible for the accident?

There is no mandatory requirement to send additional legal aid to the person who caused the damage to your vehicle in any legal act. This action remains at the discretion of the victim. But it’s better to direct, and then we’ll tell you why.

Is there any point in filing such a claim?

Of course, the claim you file will work in your favor.

Advantages of its submission:

Firstly, a pre-trial claim shows the seriousness of your intentions. Anyone who caused damage to your vehicle will see that you are determined to get money. Often, this approach convinces those responsible for an accident to begin paying for damage to other people’s property.
Secondly, you have the opportunity to resolve the dispute without court intervention. This will save not only time, but also money.
Thirdly, judges like it when participants try to close the issue at the pre-trial stage. That is, the plaintiff will receive at least approval from the court. A small but pleasant bonus to add to your piggy bank.

All a victim who wants to recover damages from the person responsible for the accident needs to do is fill out a claim, send it to the other party and wait for a response.

Immediately or not?

If you are still planning to file a pre-trial claim against the person at fault for the accident, do not rush. First, it is better to talk to the second participant in the incident. This can be done right at the scene of the accident. For example, if the person causing damage to your car does not have compulsory motor liability insurance, you will have to collect the money directly. Talk to the culprit, offer him to close the financial issue - either immediately or in installments. In the second case, you will need to draw up a promissory note.

And only if the person at fault for the accident refuses to compensate you for the damage, you can move on to the next step - filing a pre-trial claim with him.