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.

Which court should you file for an accident in 2021?

Jurisdiction of cases depends on a number of factors. This article will discuss 3 types of them:

1. administrative cases - when you appeal guilt in an accident or other circumstances directly related to the imposed punishment,
2. civil – when you sue the person responsible for the accident for compensation for damages,
3. and another subtype of civil cases - when applying to the court under compulsory motor liability insurance, the difference here is that the law on the protection of consumer rights works.

But that's not all! In 2021, where to file a lawsuit depends on a number of factors that influence where to go:

• Some cases of road accidents are considered in the magistrate’s court, others in district or city courts, and still others in the Supreme Court,
• you also need to understand whether it is necessary to file a lawsuit at the address of the plaintiff or defendant,
• sometimes the jurisdiction of administrative, civil or criminal cases differs.

Well, in any case, you need to know the address of the specific site where you need to go. But don't worry if you're already confused. Below we will present everything in an accessible, consistent form, and you will find your situation and understand the jurisdiction of your particular case.

So, let's begin!

The cost of a lawyer’s services to recover damages from the culprit of an accident

Is it possible to contact the Supreme Commander directly?

When it comes to disputes after an accident, it will almost never be possible to immediately go to the Supreme Court. Please note that in general there are 2 types of authorities:

• regional central courts (for example, the Supreme Court of the Republic of Tatarstan),
• directly the Supreme Court of the Russian Federation - it is already the only one.

So, you will not be able to file a claim with the RF Armed Forces without first going through the lower authorities. This is true because the Supreme Commander, in accordance with Federal Law No. 3-FKZ, exercises a supervisory function. As exceptions, according to the same link in paragraphs 5-6 of Article 2 of this law, the court can also be the first instance, but this is practically excluded if we are talking about disputes specifically over road accidents.

The situation is approximately the same even with the higher courts of the constituent entities of Russia. You can file a claim with them immediately only after decisions of foreign courts; it considers cases of state secrets. As we can see, none of these cases are related to road accidents.

Availability of MTPL policy and diagnostic card

Next, you will need to check the availability of the MTPL policy and the diagnostic card of the owner of the damaged car. The fact is that after the examination, the plaintiff repairs the car and waits for the court's decision. However, if this happens, the court may consider as evidence of the amount of damage not the examination carried out, but the repair order, which, as a rule, is significantly lower than the expert’s calculation.

If after an accident a new OSAGO policy was issued for the car (you can check it on the website of the Russian Union of Insurers), then this is direct confirmation that the car was repaired, and accordingly, we can talk about a reduction in claims.

What happens if I make a mistake in choosing a court?

Actually, it's no big deal. But you will lose time and, possibly, the cost of the state duty, since the latter is paid to a specific authority. Therefore, if you pay to the wrong court, you will have to pay again to the correct one. But what you paid by mistake can be returned. But this, again, is time.

The above applies to civil cases: under compulsory motor liability insurance, when suing the culprit for damages and compensation for moral damage. As for administrative cases, they can be forwarded to the desired court within its jurisdiction.

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.

If you apply to an insurance company under OSAGO

If we are talking about disputes over an insured event in case of an accident, then the law on the protection of consumer rights – paragraph 2 of article 16.1 of the law on compulsory motor liability insurance (MTPL) – applies fully here. And this imposes certain conditions on jurisdiction. We are talking about the following cases:

• where to sue the MTPL insurance company if you have been denied compensation for one of the reasons,
• if you weren't paid enough,
• on other issues, when the defendant is the insurance company.

The fact that disputes under compulsory motor liability insurance are covered by the consumer protection law means, first of all, that you can sue the insurance company at your place of residence in case of an accident. This is the main difference between the general norm of legislation in 2021, when a claim is filed at the defendant’s place of residence.

But you need to go to the magistrates or district court, depending on the amount of the claim. And this is regulated by Article 23 of the Code of Civil Procedure of the Russian Federation.

• If the disputed amount of the claim is less than 100 thousand rubles, then you need to file it with the magistrate court at your address.
• If it exceeds this limit, then you need to go to the district court - also according to your residence.

But don’t rush to find the address of the desired court. Firstly, below we will tell you how to find it correctly. Secondly, in the case of insurers, a whole series of stages is necessary to attempt a pre-trial settlement of the dispute.

Will my claim be accepted in court?

Article 16.1, which we have already indicated above, regulates the procedure for pre-trial proceedings under compulsory motor liability insurance. It is she who establishes that before you file a claim, you must go through 2 steps:

1. write a statement of disagreement to the insurance company (this is not the same statement that you submitted for compensation immediately after the accident),
2. If this application is not satisfied, then contact the financial ombudsman.

We talked about this in more detail in our special article about the illegality of refusal or insufficient payments under compulsory motor liability insurance.

Thus, without the obligatory contact first with the insurance company and then with the finance company, your claim from the court will simply be returned without consideration.

What is a pre-trial claim and why is it important?

The legislator obliges to comply with the pre-trial procedure for considering a specific legal problem. The general list of disputes that are preferably resolved outside of court proceedings also includes disputes regarding compensation for material losses as a result of an accident.

Filing such a claim is an extremely important first step towards collecting compensation for damage caused. The inclusion of all details of the accident in the text of the claim, a clear description of the requirements for the culprit of the accident, ensure that the injured party quickly receives financial compensation.

Often the situation is complicated by the fact that the person responsible for the accident was driving his vehicle without compulsory motor insurance. Although the legislator is quite categorical in such situations, imposing penalties on the violator, it is still advisable for the injured party to seek help from their insurance company.

A legally competent written claim will allow you to receive compensation in pre-trial proceedings. It is advisable to involve a specialist in independent damage assessment in the formation of claim requirements. This procedure is provided for in Article 12.1 of the Federal Law “On Compulsory Motor Liability Insurance”.

An independent expert, in accordance with the requirements of the law, is able to competently assess the damage caused to the vehicle, and is also able to collect the required amount of documentary evidence when the injured party goes to court. The courts will allow you to resolve the situation with your opponent’s lack of permanent income and receive the compensation required by law.

If a claim is made against the culprit of the accident for damages

In this case, you must contact the defendant’s registered address. But whether the magistrate or district court will consider the case also depends on the amount you request in the claim. However, the limit here is slightly different than in disputes under compulsory motor liability insurance:

• if the cost of the claim is less than 50,000 rubles, then the culprit of the accident must be filed in the magistrate’s court,
• If you claim more than this amount, then the district court must hear the case.

Please note that the specified threshold of 50 thousand includes the full amount of the claim, including damages itself, as well as moral damages, legal costs and other expenses.

If the claim is for damage to health and moral, as well as in case of a fatal accident

Everything here is the same as we described above about the culprit of the accident, including the amount of the claim. You apply either to the magistrates' court or to the district court at the defendant's residence address.

The only difference in this situation is that civil proceedings in cases of serious harm to health or death of victims are considered after the criminal case. That is, only when the guilt of the person who violated the traffic rules is fully proven and established, can a lawsuit be filed against the culprit.

Important note!

• This article describes the basic principles of how legislation works. Meanwhile, in judicial practice everything depends on specific circumstances.
• In 96% of all cases there are subtleties that can affect the outcome of the entire case.
• Therefore, we recommend entrusting the matter to professionals who will study your business and select the right winning strategy.

The TonkostiDTP website employs professional road accident lawyers with experience in all major types of disputes (MTPL, guilt, administrative penalties).

Ask a lawyer

or get a free consultation by calling the hotline: 8.

If the culprit is a legal entity

Let us immediately rule out a possible mistake - in principle, a legal entity cannot be the culprit of an accident. Only the driver is considered to be at fault (in the context of a traffic accident, of course). And only a car can belong to a legal entity.

In this case, the claims of the injured driver are sent to the insurance company if there is a valid MTPL policy. If the culprit did not have insurance, then this is where the differences emerge. The fact is that in this case the organization must be sued (Article 1068 of the Civil Code of the Russian Federation).

A claim should also be filed against a legal entity at its location address. You can get it if you know the organization’s tax identification number (it should definitely be in the road accident documents) through the Tax Inspectorate website. But if the organization has branches, you can already choose where to file a complaint - your choice of jurisdiction at the main address of registration of the legal entity or any of its branches.

The only case when a claim will need to be filed against the driver who caused the accident is if he was not performing official duties during the ill-fated trip, but was going about his business. This must also be indicated in the documents about the accident in the traffic police (in the driver’s explanations). If you have not seen them, you can contact the traffic police department that registered the accident and request them on the basis of Article 25.2 (Part 2) of the Code of Administrative Offenses of the Russian Federation.

Also, in any case, a claim is filed against the driver if he is an individual entrepreneur and used the car for personal needs.

justice pro...

After a traffic accident, a victim who wants to compensate for damages from the accident can file a pre-trial claim against the person responsible for the accident. Next, we will tell you how to correctly draw up a document and offer a sample of a pre-trial claim to the culprit of an accident (without insurance and in other cases). We will also tell you about the possible actions of the person responsible for the accident in response to the claim.

Is a pre-trial claim for damages against the culprit of an accident necessary?

A victim in an accident (an individual) can do without filing a claim against the culprit - the law does not provide for such an obligation before filing a claim in court in this case (a mandatory pre-trial procedure is provided, for example, in the case where the victim has a claim against the insurance company for insurance compensation according to OSAGO).

Writing a claim is usually resorted to when a victim in an accident wants to obtain compensation from the culprit of the accident for damage caused by the accident (for example, material, harm to health). The victim in an accident tries to negotiate with the driver responsible for the accident on compensation for damages, which can be formalized by an agreement between the participants in the accident or a receipt from the culprit. But, if it is not possible to agree on voluntary compensation for harm, or if the person at fault for the accident does not fulfill previously assumed obligations, then before going to court, the victim can file a pre-trial claim for the accident. The document states the seriousness of the intentions of the injured party and may prompt the person responsible for the accident to pay damages, including due to the fact that after the trial he will most likely have to additionally pay the victim’s expenses for drawing up a statement of claim, sending a statement of claim to court, services of a representative in court, payment state duty, etc.

Thus, the answer to the question “is a pre-trial claim obligatory for the person at fault for an accident” can be answered “no”, but the document can help resolve the issue before trial, thereby saving your time, money and nerves.

When do you usually file a claim against the person at fault for an accident

A claim for damages (and, as a result, the need to file a pre-trial claim) usually arises in the following cases:

• the culprit of the accident does not have an MTPL policy, for example, if the insurance period has expired (if the culprit of the accident is not included in the insurance, and also if the victim does not have insurance / is not included in the MTPL policy, an insurance payment can be received). Because the liability of the at-fault driver is not insured, then the victim has to seek compensation for the damage himself, often in this case a pre-trial claim is filed against the culprit of the accident without compulsory motor liability insurance;
• damage from an accident exceeded the maximum insured amount under the MTPL law;
• the participants in the accident decided not to contact the insurance company. It should be borne in mind that if the culprit has a compulsory motor liability insurance policy and the victim in an accident sues him in order to receive compensation for the accident, then the court may refuse the claim, because In this case, the insurance company must compensate for the damage.

Deadline for filing a claim for an accident to the culprit

Let's find out how long it takes to submit a pre-trial claim to the culprit of an accident without compulsory motor liability insurance.

This point will depend on what harm needs to be compensated:

• If the victim is going to demand compensation for damage caused to property from an accident, then he has the right to write a claim for compensation for material damage in an accident (see sample below) within three years after the accident.
• There is no limitation on the statute of limitations for a road accident claim regarding compensation for personal injury.

Pre-trial claim for damages against the culprit of an accident: what kind of damage?

The victim has the right to demand compensation from the culprit of the accident for all his expenses associated with the accident (of course, if the damage was not paid by the insurance company). These may include costs for:

• car restoration,
• conducting an examination,
• tow truck,
• treatment,
• legal services and other expenses.

The victim has the right to demand the full amount for car repairs from the person at fault for the accident. In addition, according to the Resolution of the Constitutional Court of the Russian Federation of March 10, 2021 No. 6-P, based on the principle of full compensation for harm, the victim may demand compensation for harm from the culprit of the accident insured under compulsory motor liability insurance in an amount that exceeds the insurance compensation paid to the victim under compulsory motor liability insurance.

As for moral damage, it is usually not compensated only due to damage to the vehicle. Therefore, a pre-trial claim for compensation for moral damage after an accident is usually made when there is proven harm to health. The court refuses to satisfy the claim for compensation for moral damage if there are no legal grounds for its recovery (Decision of the Maykop City District Court (Republic of Adygea) dated January 15, 2021 in case No. 2-19/2016).

Drawing up a claim against the culprit of an accident before the trial often allows the victim to receive compensation for damages from the accident.

How to file a pre-trial claim against the culprit of an accident

There is no legally approved form of claim against the person responsible for the accident. But, as a rule, the form (sample) of a claim for compensation for damage in an accident contains:

• Full name of the culprit of the accident, full name of the victim (sender of the claim), his contact details, signature;
• circumstances of the accident: date, time, place of the accident, vehicles (makes, numbers), full names of drivers, description of the accident, who is to blame, consequences, information about witnesses, etc.;
• amount of compensation with justification. For example, when drawing up a pre-trial claim to the culprit of an accident without compulsory motor liability insurance, the cost of repairs is indicated, according to the expert opinion (possibly without taking into account wear and tear) or the car service estimate, as well as in some cases the loss of the marketable value of the vehicle. And if a claim is written against the culprit of the accident for compensation for the difference between the amount of actual damage and the damage paid by the insurance company, then, accordingly, information about the insurance compensation and the actual amount of damage is indicated. Also, as mentioned above, in a claim the victim may demand compensation for other costs associated with the accident, for example, for conducting an examination, etc.;
• references to regulations and documents to support your requirements. Copies of road accident documents from the traffic police, documents from the insurance company, expert opinions, checks and other documents confirming costs, etc. can be attached to the claim;
• deadline for satisfying requirements;
• method of compensation.

!If the conclusion of an independent examination is stated as justification for the required amount, then before it is carried out, it is necessary to send the person responsible for the accident a notice of the place and time of its conduct.

You should make a copy of the document for yourself or write two copies of the claim to the culprit of the accident for payment of damages, keep one for yourself (then indicate in the document that it is drawn up in two copies), because a claim may be necessary when filing a claim in court if compensation cannot be achieved before the trial.

You can draw up this document yourself, based on current legislation and observing the listed requirements for a pre-trial claim for an accident. Please note that in each specific case it is necessary to take into account the circumstances relevant to your case, so it makes sense to entrust the preparation of the claim to specialists.

How to send a pre-trial claim for an accident to the culprit?

Usually the claim is sent by mail with a list of the contents and a receipt.

This method of submitting a claim is better than the method in which the pre-trial claim is served in person, because the sender retains documents confirming that the letter was sent and received by the addressee – the guilty party.

Time limit for consideration of a claim for an accident against the culprit.

In a claim for compensation for damage in an accident to the culprit (without compulsory motor liability insurance or in other cases), it is necessary to indicate the period for consideration and response to the claim. Usually it does not exceed 30 days from the date of receipt of the claim by the person responsible for the accident.

Response to a pre-trial claim for an accident

The culprit of the accident, having received a pre-trial claim for compensation for damage caused as a result of an accident, can:

• satisfy the victim's demands. In this case, the agreement between the parties to the accident can be formalized in the form of an agreement on compensation for damage. If the culprit of the accident immediately pays for the damage, then the victim draws up a receipt confirming receipt of the money and no claims.
• Express your disagreement with the demands of the victim; in this case, a response (review) to the claim is usually drawn up.
• Do not respond in any way to the pre-trial claim received.

If there is no answer or an answer is received that does not satisfy the victim, he has the right to file a lawsuit.

What should the person at fault for an accident who has received a claim do?

If you, as the culprit of an accident, find yourself in the situation “I received a pre-trial claim for an accident,” then you should take this document very seriously. It is necessary to understand the current situation and weigh all the risks. To do this, you may have to contact lawyers who will help determine the legality of drawing up the document, determine whether the amount requested by the victim is too high, and assess the prospects for possible further litigation. In case of refusal with the presented requirements, it may be necessary to draw up a written response, and in the case of payment of compensation, it is necessary to document the damages.

Legal experts, lawyers with extensive experience, participants and partners of this project, are ready to provide legal services of any level of complexity, including competently drawing up a pre-trial claim, as well as, if necessary, a statement of claim with subsequent legal support for the stated claims in court.

Pre-trial claim to the culprit of the accident (SAMPLE 1)

! These samples may not be suitable for the circumstances of your case; you can consult our project specialists!

Below is a sample of a pre-trial claim against someone at fault for an accident without insurance.

[full name of the culprit]

address [address of the culprit]

from [name of victim]

address [address of the victim]

phone [phone number of the victim]

PRE-TRIAL CLAIM

Dear [full name of the culprit], I remind you that [date and time of the accident] at the address [address of the accident], an accident occurred involving a car [make, model, registration plate of the culprit’s car], owned by you, under your control, and a car [make, model, registration plate of the victim’s car], owned by me (PTS No. [PTS number]), as a result of which my vehicle was damaged.

According to the resolution in the case of an administrative offense [date number] (copy attached), the accident occurred due to your violation of paragraph [traffic rules clause] of the Road Traffic Regulations.

At the time of the accident, your civil liability was not insured in accordance with the MTPL law.

According to paragraph 1 of Art. 1064 of the Civil Code of the Russian Federation, harm caused to the person or property of a citizen is subject to compensation in full by the person who caused the harm.

Based on the above legal facts, I propose, on a voluntary basis, within [number of days] days from the date of receipt of this claim, to compensate for the losses incurred by me as a result of the harm you caused according to the expert conclusion of [number and date] of an independent technical examination carried out by [who carried out the examination] (a copy is attached ), in the amount of the cost of restoration repair work excluding wear and tear [amount] rubles [amount] kopecks, and also pay [amount] rubles [amount] kopecks. — the cost of the examination.

Total amount of losses [amount] rubles [amount] kopecks.

I inform you that in the event of an out-of-court settlement of this issue, your expenses will be limited to this amount.

As a result of judicial, and subsequently enforcement proceedings with possible transfer for collection to organizations specializing in this or sale of debt to third parties, your expenses may increase significantly.

I hope for understanding and a speedy solution to this problem, otherwise I will be forced to seek legal protection of the right you violated from the judicial and other competent authorities.

Application:

• a copy of the resolution in the case of an administrative offense,
• a copy of the examination report,
• a copy of the document confirming the cost of the examination.

[date, month, year] [full name of the victim] [signature]

Pre-trial claim to the culprit of the accident (SAMPLE 2)

If the car received significant damage and the cost of repairs exceeds the maximum insured amount under compulsory motor liability insurance (400,000 rubles), then the victim must contact the person responsible for the accident to receive the rest of the damage (surcharge).

The following is a sample of a pre-trial claim to the culprit of an accident when the cost of repairs exceeds the insurance compensation received.

[full name of the culprit]

address [address of the culprit]

from [name of victim]

address [address of the victim]

phone [phone number of the victim]

PRE-TRIAL CLAIM

Dear [full name of the culprit], [date and time of the accident] at the address [address of the accident], an accident occurred involving a car [make, model, registration plate of the culprit’s car], owned by you, under your control, and a car [make, model, registration plate the victim’s car], which belongs to me by right of ownership (PTS No. [PTS number]), as a result of which my vehicle was damaged.

According to the resolution in the case of an administrative offense [date number] (copy attached), the accident occurred due to your violation of paragraph [traffic rules clause] of the Road Traffic Regulations.

The insurance company [name of the insurance company], having fulfilled its obligations in full, made a payment to me within the insurance limit in the amount of 400,000 rubles.

In accordance with paragraph 1 of Art. 1064 of the Civil Code of the Russian Federation, harm caused to the person or property of a citizen is subject to compensation in full by the person who caused the harm.

According to the expert conclusion [number and date] of an independent technical examination carried out by [who carried out the examination] (a copy is attached), the cost of restoration repairs excluding wear and tear is [amount] rubles [amount] kopecks.

Based on the above legal facts, I propose to voluntarily, within [number of days] days from the date of receipt of this claim, reimburse me [amount] rubles [amount] kopecks. - the difference between the actual amount of damage according to the examination and the insurance compensation ([cost of restoration repairs] - [amount of insurance compensation] = [amount of unreimbursed damage]).

I inform you that in the event of an out-of-court settlement of this issue, your expenses will be limited to this amount.

As a result of judicial, and subsequently enforcement proceedings with possible transfer for collection to organizations specializing in this or sale of debt to third parties, your expenses may increase significantly.

I hope for understanding and a speedy solution to this problem, otherwise I will be forced to seek legal protection of the right you violated from the judicial and other competent authorities.

Application:

• a copy of the resolution in the case of an administrative offense,
• a copy of the examination report.

[date, month, year] [full name of the victim] [signature]

The following is an example of a pre-trial claim to the culprit of an accident without compulsory motor liability insurance, drawn up by the specialists of our project, for which the culprit voluntarily fully compensated the amount of damage.

PRE-TRIAL CLAIM

Dear Vladimir Anatolyevich, I remind you that 07/16/201? at 00:10 at the address Moscow, st. Zvezdnaya, d. ??? There was an accident involving a VAZ 21099 registration plate??? 197, owned by you, under your control, and Nissan Tiida registration plate??? 197, belonging to me, as a result of which my vehicle received significant damage.

According to the resolution in the case of administrative offense No. ??? from 07/16/201? The accident occurred due to your violation of clause 10.1 of the Traffic Rules. There was no violation of the Traffic Rules in my actions.

At the time of the accident, your civil liability was not insured in accordance with the MTPL law.

According to paragraph 1 of Art. 1064 of the Civil Code of the Russian Federation, the person who caused the harm is obliged to compensate the harm to the injured party in full.

Based on the above legal facts, I propose to voluntarily, within 14 days from the date of receipt of this claim, compensate for the losses incurred by me as a result of the harm you caused in accordance with expert opinion No. 1-08-30-? from 01 08 201? independent technical examination carried out by VPK-? LLC, in the amount of the cost of restoration and repair work excluding wear and tear of 156,948 rubles 50 kopecks, and also pay 3,000 rubles 00 kopecks. — the cost of the examination.

The total amount of losses is 159948 rubles 50 kopecks.

I inform you that in the event of an out-of-court settlement of this issue, your expenses will be limited to this amount.

As a result of judicial, and subsequently enforcement proceedings with possible transfer for collection to organizations specializing in this or sale of debt to third parties, your expenses may increase significantly.

I hope for understanding and a speedy solution to this problem, otherwise I will be forced to seek legal protection of the right you violated from the judicial and other competent authorities.

To clarify the details, you can contact my representative [full name, telephone number].

Application:

• a copy of the resolution in the case of an administrative offense,
• a copy of the examination report,
• a copy of the document confirming the cost of the examination.

Thus, a pre-trial claim against the culprit of an accident can help achieve compensation for damage caused by the accident. Therefore, before filing a claim in court, the victim often resorts to drawing up this document, and if the claim is left unanswered or the culprit refuses to pay for the damage, the innocent participant in the accident goes to court.

Posted by:

Ralenko Anton Andreevich

Moscow 2018

To appeal guilt in an accident

Actually, everything we discussed above are civil cases. However, at the beginning of the article we indicated that there are also administrative ones. These are the ones that are considered within the framework of administrative proceedings - when appealing a decision made against you.

You can challenge guilt in an accident in the district or city court at the place where the violation charged to you was committed. Here we are talking specifically about filing a complaint against a decision made against you.

Moreover, you need to file a lawsuit at the exact place where the crime was committed, and not at the location of the traffic police department or the magistrate’s court that issued the decision. This is what the Supreme Court indicated in its old Resolution of the Plenum No. 5 (paragraph 30).

If we are talking about mutual guilt, and you want to file a lawsuit to determine the degree of guilt of each of the participants, then you should also contact the district court at the place where the violation was committed. But this will be a civil lawsuit, not an administrative one.

What are they arguing about?

As experts admit, most of these cases are “indisputable” in nature.
Only the validity of mathematical calculations between insurance companies is considered. At the same time, all calculations are made according to the Unified Methodology for determining the amount of costs for restoration repairs. The methodology is approved by RSA and is mandatory for use by all insurers. It turns out that there are no grounds for sending cases to court. Statistics prove this:

On average, the number of appeals against judicial acts in the courts of first instance for all categories of cases is 17.5-19%, of which only 5.5% is the share of appeals against judicial acts in claims for subrogation of insurers.

Where to go for an appeal?

In general cases, each appeal of a judge's ruling or decision must be submitted to the next higher court:

• on the decision of the magistrate's court - to the district,
• district - to the Supreme subject,
• The Supreme Subject - to the cassation or Supreme Russian Federation.

This applies to both administrative and civil proceedings. You need to choose a court at the place where the violation was committed or one that is subordinate to a lower court.

Actions at the scene of an accident when the culprit does not have compulsory motor insurance

There are several practical recommendations on how to act in the first minutes of an accident.

First of all, you should obtain the coordinates of the party that is primarily involved in the accident. If the driver obstructs this, traffic police officers will always come to the rescue.

It is imperative to ensure that the location at the scene remains unchanged. After all, even the most insignificant details will help restore the picture of a road accident.

It is also important to draw up a map of the scene of the incident. It can be drawn by hand, having secured a signature from witnesses under the drawing.

You should carefully monitor the correctness of drawing up the protocol on an administrative offense. It must indicate that the guilty party did not have a compulsory motor liability insurance policy.

If the injured party does not agree with some of the conclusions of the traffic police inspector, she has the right to state her comments on the protocol.

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 19 years of experience.

Ask a question

It happens that the culprit offers to resolve everything immediately peacefully, without waiting for the patrol to arrive. In this case, it is advisable to formalize all agreements and receipt of money with receipts.

How can I find out the court's address?

So, after reading the above, you have found out which court you need to file after an accident. Now all that remains is to find the desired site or authority.

This can be done on the official portal of GAS Justice. To do this, first select on the main page whether you will file a claim in the magistrate or district court:

And then by selecting the region and entering the name of your locality, you can find the judicial district or court of general jurisdiction you need:

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If the court is in another city, will my travel expenses be reimbursed?

Above, we pointed out that a claim against the culprit of an accident - for example, if he did not have compulsory motor liability insurance - must be filed at his place of residence. But what if the accident happened in another city? Sorry, but you'll have to go there.

But as for the costs due to this fact, the situation here is ambiguous. Yes, since the costs in this case are directly related to the protection of your rights, they must be compensated. Another thing is that not all courts satisfy them. And not all judges satisfy the cost of fuel for a car, pointing out that you could go to another city by public transport, and it would cost less.

For example, in one of these decisions the plaintiff demanded 1,000 rubles as expenses for the trip. But the court awarded only 320 rubles.

But the Supreme Court clarified that transportation costs must be reimbursed in any case, but within reasonable limits.

Availability of MTPL policy and diagnostic card

Next, you will need to check the availability of the MTPL policy and the diagnostic card of the owner of the damaged car. The fact is that after the examination, the plaintiff repairs the car and waits for the court's decision. However, if this happens, the court may consider as evidence of the amount of damage not the examination carried out, but the repair order, which, as a rule, is significantly lower than the expert’s calculation.

If after an accident a new OSAGO policy was issued for the car (you can check it on the website of the Russian Union of Insurers), then this is direct confirmation that the car was repaired, and accordingly, we can talk about a reduction in claims.

When can you choose which court to file a claim in?

As a conclusion to the above, we also provide, as additional information, a list of cases when you can choose the court yourself.

• In case of disputes regarding compulsory motor liability insurance with an insurance company, you have the right to go to court both at your place of residence and at the location of the insurer (branch in your city).
• Also, if there are several culprits and they live in different places, then you can choose for yourself and, depending on the jurisdiction of any of the culprits, contact the closest authority.
• If the statement of claim concerns injury or loss of a breadwinner, then you can also sue the culprit directly at your place of residence.

All these and other subtleties of choosing an instance are established in 2021 by Article 29 of the Code of Civil Procedure of the Russian Federation.

Mandatory proof of guilt

Voluntary compensation for harm is extremely rare. This is especially true in situations where the cost of repairing a damaged car significantly exceeds the amount of the insurance payment. In most cases, the person responsible for the accident refuses to cooperate with the injured party and the lawyer. But this does not mean that justice is impossible to achieve.

Qualified assistance from a traffic accident lawyer is needed almost immediately after the accident. A specialist from the site prav.io will not only provide assistance in recovering the amount of damage from the culprit of the accident, but also:

1. Will help organize an independent automotive technical examination.
2. Calculate the amount of compensation.
3. Will assist in collecting evidence.
4. Will prepare a statement of claim, petition or complaint to the insurance company and the court.
5. Answers all client questions.

Lawyers of the legal portal provide consultations online and by phone.

Will an independent review be required?

This depends on the specific circumstances of the case and the availability of calculations without such an examination.

So, in the case of filing a lawsuit against an insurer under compulsory motor liability insurance, you are unlikely to need an examination. Because it is already in the case file. If the insurance company did not count enough, then it did so on the basis of calculation. Next, you turned to the finance manager, who made his calculations. If we are talking about refusal to pay, then the financial ombudsman still carries out an examination. And this is what is being considered in court.

When filing a claim against the culprit, an independent assessment will most often be required. But if, for example, your car has already been restored, and you have all the receipts and documents about it, then they may also be suitable in court as justification for the claims. But in most cases, the judge will also oblige the expert to compensate the losing party.

Procedure for drawing up a pre-trial claim

There is no uniform form of pre-trial presentation in the legislation of the Russian Federation. You can draw it up yourself or with the help of a lawyer. If problems arise during registration, a sample claim to the person responsible for the accident can be found on the Internet. However, it should be remembered that this is an official document, so it should not be of a strong emotional nature or offensive nature. When drawing up a claim, it is necessary to comply with the criteria outlined in clause 5.1 of Chapter 5 of the Regulations of the Central Bank of the Russian Federation No. 431-P.

Failure to meet the established requirements may be a reason for refusal.

The pre-trial claim must comply with the following requirements:

• be in writing;
• contain information about the insurer to whom the application is made;
• include the plaintiff’s details: full name and registered address;
• contain detailed information about the accident: date of the incident, place where it happened, model, license plates of vehicles, data of drivers and owners of the vehicle, as well as witnesses, etc.;
• indicate the legal background of the application (laws and other regulations);
• justify the amount required to compensate for damage;
• indicate the desired method of obtaining compensation in the event of a positive outcome of the case;
• dated and certified by the signature of the victim or his representative;
• sent to the address of the insurance agency or representative office.

Download a completed sample of a pre-trial claim to the person at fault for the accident.

It should be noted that if the claim is filed through a representative, then a certified power of attorney must be added to the documents, and if the claim is filed by a legal entity, then the details of the person who signed it must be indicated.

In addition, the following documents or copies thereof must be attached to the application:

• accident report from the traffic police;
• a written statement from the insurance company about the fact of the occurrence of an insured event, its recognition, payments, refusal or other decisions;
• checks and other documents that confirm the amount of expenses due to an accident;
• justification of the right to compensation (for example, ownership of a car damaged in an accident).

It is also recommended that all documents be certified by a notary before filing a claim. How to properly file a claim before court proceedings, watch the video:

What after the trial?

Based on the result of the court hearing, 3 options are possible:

• your claim will be satisfied in full,
• he will be partially satisfied,
• or they will refuse.

In the first 2 cases, a writ of execution will be issued in a civil case. This, accordingly, is the enforcement of a court decision in the case - payment to you of what was awarded to you from the defendant. You can submit this sheet to 2 authorities:

• bailiffs - if you filed a lawsuit against an individual, for example, the culprit of an accident without compulsory motor liability insurance,
• to the bank in which the organization has a current account - if the defendant was a legal entity: an insurer or another.

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.

If the person at fault for the accident refuses to compensate for the damage voluntarily

In this case, there is nothing left to do but initiate enforcement proceedings. But first you need to get a writ of execution. Even if the case has gone through an appeal, the writ of execution is still issued by the first instance.

When it is received, you should write an application to initiate enforcement proceedings and, together with the writ of execution, submit it to the bailiffs at the debtor’s place of residence.

Initially, the penalty will be imposed on the funds of the person at fault for the accident. When there are not enough of them, an arrest and inventory of his property occurs. Bidding is organized, and the damage is ultimately repaid using the proceeds.

Why do you need a vehicle assessment for damage compensation?

To determine the likely costs of repairs or loss of marketable value of the car, you should contact an independent expert.

This may be a specially certified service station, a government agency, or a private company with the appropriate permit.

Required documents

You will need a certificate from the traffic police about the accident and the nature of the damage, an administrative protocol and a diagram of the incident. By the way, you can provide the specialist with your own photographs from the scene. In this case, it is advisable to film the car from all angles.

Even in some cases, taking photos and videos of the surrounding roadway will be useful. Shards of headlights, windshield, body parts: all this can also play a role.

Naturally, additional:

• car registration certificate;
• registration certificate for it;
• a copy of the applicant's passport.

The expert may also ask for additional documents. Provide them in the interests of the injured party.

Notification of the culprit

This is a prerequisite for a full examination. Otherwise, its results can easily be questioned by the culprit party.

The other party is notified by telegram of the place and time of the examination no later than 3-5 days before the appointed date.

Vehicle Restoration Evaluation Report

It can be roughly divided into several parts. The first of them indicates the date of drawing up the conclusion, the name of the enterprise, the initials of the expert, and the documents on the basis of which they act.

Next is a description of the vehicle being submitted for examination, with the nature of the existing damage. Their reasons are also indicated in this section.

After this, calculations are made of repair costs and loss of marketable value of the car.