Settlement agreement on compensation for damage in an accident: sample document and conditions for signing it

What is a settlement agreement for damages?

A settlement agreement on voluntary compensation for harm is a kind of agreement that is concluded between the culprit of a traffic accident and the victim. Unlike similar documents, it is in the nature of a court verdict, and therefore it can only be challenged by filing an appeal.

Such a form is drawn up exclusively in the presence of a judge, since without his signature the paper filled out by both parties will not acquire legal force. But if the agreement is concluded by the drivers before the initiation of litigation, then it should be classified as a completely different category of contracts that are amenable to further appeal.

In what case is it compiled?

A sample agreement on voluntary compensation for damage in an accident is of significant importance for the guilty party in a traffic conflict. Therefore, a request to draw it up on behalf of the accident initiator most often arises under the following circumstances:

• The car that caused material damage is not registered with the insurance company (MTPL or CASCO);
• The amount of restoration work significantly exceeds the amount of compensation paid to the culprit under the insurance policy;
• The accident that occurred does not belong to the list of risk situations under the motor vehicle law (the victim suffered moral damage, the initiator of the accident was drunk, etc.).

By asking the injured driver to enter into an agreement on voluntary compensation for damage, the culprit of the traffic accident will show his desire to make amends. And this will be taken into account on the positive side during the trial.

It is important to know! The victim of an accident will reserve the right to independently choose whether to agree to the request of the second party to the conflict or not. After all, for him such a step has its consequences, which we will talk about later in the article.

Compensation for moral damage: trends in Russian judicial practice

Insured compensation cases involve only material damage and harm to health.

Description of the harm, collection of supporting documents In the claim, much attention should be paid to the description of the harm that was caused to you.

So, be sure to refer to the fact that the person who is the defendant in your claim was recognized as the culprit of the accident, and also indicate the details of the road service certificate confirming this.

For example, when the Sverdlovsk Regional Court issued an appeal ruling dated November 8, 2016 in case No. 33-19518/2016 on the collection of funds under a loan agreement, the applicant was granted satisfaction of the requirements.

The basis for the court's decision was the fact that the plaintiff presented, as evidence of the existence of a borrowing relationship, receipts indicating the defendant's acceptance of obligations to compensate for damage caused as a result of the accident.

property damage; harm to health; harm to life (death); moral harm, that is, physical and mental suffering of the victim.

Each of these cases has its own nuances when obtaining compensation. It is divided into two types - damage and destruction.

In the first case, expenses for repairs, expenses for transportation, storage, etc. are subject to compensation. If property is destroyed, the victim can claim compensation for the value that was relevant on the day of the accident. To prove the fact of property damage, the victim must submit relevant documents.

A certificate of the fact of an accident issued by a traffic police officer.

If the liability of the vehicle owner was insured under a voluntary insurance agreement, then the victim can additionally contact the insurance company with which such an agreement was concluded.

And here the amount of payment is not limited by law. But all the material claims of the victim must be in one way or another related to the harm caused in the accident.

If the car owner has an MTPL policy, then to compensate for the damage, you can contact not only the owner of the source of increased danger, but also the insurance company.

In accordance with the terms of the MTPL agreement, the insurer is obliged to pay the amount of insurance payments to the victim in a road accident.

In order to contact an insurance company, you should know its name and insurance contract number. The driver of the vehicle must provide this information to the participants in the traffic accident.

The IC law provides a thirty-day period for consideration of the victim’s application, during which one of two decisions must be made: to make payments in a certain amount or to refuse to pay the funds.

If the insurance company, having decided to pay, delays the transfer of funds to the victim’s account, then it will be obliged to pay a penalty for each day of delay.

It should be borne in mind that the amount of money that a victim can count on when applying to an insurance company for an insurance payment is limited by law and its size directly depends on the type of damage caused.

In addition to compulsory insurance, the owner of a vehicle may also have a voluntary insurance policy. In this case, the victim has the right to contact the insurance company with which the owner of the car has concluded such an agreement.

With voluntary insurance, the amount of payments can be significantly higher than with liability insurance under compulsory motor liability insurance.

If the amounts paid under insurance contracts are not enough to cover the damage caused, then the victim has the right to go to court to recover such funds from the owner of the vehicle.

It happens that the owner of the vehicle did not insure his liability, or the driver fled the scene of the accident and could not be identified. What to do in this case?

To receive compensation payments, the victim must submit an appropriate application and the necessary documents to the Russian Union of Auto Insurers. This organization unites all insurance companies in the field of compulsory motor liability insurance.

The victim also retains the right to file a claim in court against the driver or owner of the vehicle if their data is known to him.

Despite the fact that the trial requires considerable time, only through the court will the victim be able to obtain recovery of the damage caused and compensation for moral damage in full.

We invite you to familiarize yourself with: Report of inspection of the family’s living conditions (reinforced concrete)

If we limit ourselves to insurance payments, they will not cover all the expenses incurred, and in addition, payment of funds to compensate for moral damage caused is not provided.

Therefore, the victim goes to court with a claim against the person responsible for the accident in order to recover the difference between insurance payments and actual damage.

The statement of claim must contain legal justification and documentary evidence of the damage caused. The jurisdiction of cases in this category depends on the harm caused.

Thus, if, as a result of a traffic accident, damage or destruction of a pedestrian’s property occurs, then the claim should be addressed to the place of registration of the owner of the source of increased danger.

If an accident causes harm to the health or life of a pedestrian, the plaintiff has the right to choose: to file a claim at his place of registration or at the place of residence of the owner of the vehicle. This is provided for by Part 5 of Article 29 of the Civil Procedure Code of the Russian Federation.

It should be borne in mind that if the owner of the vehicle does not have an insurance policy, a statement of claim to recover the damage caused is filed in court according to the general rules.

It happens that for some reason the victim does not contact the insurance company of the person responsible for the accident, but immediately files a claim in court and brings the owner of the vehicle as a defendant.

In this case, the owner of the car, who has an MTPL insurance policy, must report the claim to the insurance company and involve it in participating in the case on the basis of paragraph 2 of Article 11 of the Federal Law on MTPL.

This is the suffering endured by the victim or his relatives, who constantly accompany the person or his family members due to the inability to fully move or take part in the life of their family. Citizens are often interested in what is included in moral damages in an accident.

1. the fact of physical or mental suffering as a result of an accident;
2. how they were caused (actions/inactions);
3. the degree of guilt of the defendant;
4. what kind of suffering the victim suffered;
5. how much compensation for moral damage is estimated to the victim;
6. other issues that affect the decision in the dispute.

In practice, collecting all the necessary evidence is quite difficult, but still possible. It is recommended that immediately after the accident you remember to record every problem that arose due to the accident and all subsequent events.

The amount of compensation, in principle, is not regulated by law and is determined by the victim at his own discretion, depending on what harm was caused to health, how guilty the defendant was and other circumstances. Despite the absence of legally justified restrictions, in practice the amount of compensation requested for moral damages should be determined within reasonable limits depending on the financial viability of the perpetrator. Today, according to judicial practice, compensation for moral damage caused as a result of an accident is approximately (in rubles):

• for minor damage – 3-20 thousand.
• for damage of moderate severity - 20-50 thousand.
• for causing serious harm – 50-100 thousand.

Or read THIS article about what to do if the insurance company paid out too little. Who compensates for moral damages in the event of an accident?

• 4. How to recover moral damages?
• 5. Who is recognized as the owner of a source of increased danger?
• 6. What evidence do you need to provide if you were injured in an accident?
• 7. Where can I obtain documents substantiating claims for moral damages?
• 8. Can moral damages be recovered if the victim himself is the culprit of the accident (pedestrian)?
• 9. Is a state fee paid when filing a claim for recovery of moral damage caused by an accident?
• 10. In what amount do courts recover moral damages in case of an accident?
• 11.

Be sure to attach documents for each item so that your words are not unfounded. Attach cash receipts, receipts for payment of services, concluded contracts and other supporting documents. As for moral harm, be sure to describe the fact of moral torment and experiences in as much detail as possible.

Statute of limitations Lawyers note that the statute of limitations for a claim is 3 years. How can the culprit reduce payments? After the driver has received a court decision on the need to compensate the victim for moral damage, he can appeal this decision. Objections are processed within about 10 days. The appeal paper must contain quotes from the decision with which the driver does not agree. An appeal can also be filed in the following cases:

• the motorist does not agree to plead guilty, either fully or partially;
• the information contained in the claim is untrue;
• The claims made in the lawsuit are legally incorrect.

You can study the sample appeal of a claim in more detail in the attached file: Objection to a claim for moral damage. Also remember that filing an appeal against a claim will help reduce the amount of compensation.

No. 0002041 dated December 3, 2014 (attached a copy) the cost of restoration of a Peugeot 407 car, state registration license plate C 826 VU/150 is: taking into account the wear of spare parts: 218245.86 rubles; excluding wear and tear - 363,743.11 rubles.

Compilation rules

The sample agreement on reconciliation of the parties in case of an accident has a single structure, deviating from which when filling out the form is strictly prohibited. Also, in the agreement on voluntary compensation for harm, errors and irrelevant information provided by any of the parties to the conflict are not allowed. If these requirements are ignored, the drafted paper simply cannot acquire legal force.

Structure

As with any other form, for a settlement agreement between drivers, the legislation of the Russian Federation provides for a unified filling out structure, consisting of the following points:

• Title of the document (located at the very top of the form, in the center);
• Introductory part;
• Main text;
• Additional information;
• Attached applications (if any);
• Signatures of both parties and the judge responsible for rendering the final verdict on a specific traffic accident;
• Date of completion of the contract.

A pre-trial settlement agreement in case of an accident is drawn up using the same model. Violation of the stated structure may become a reason for cancellation of the document, which will force the guilty party to forcibly compensate for the damage caused by it.

Mandatory information

When filling out the header of the contract, the applicant must indicate the city where the accident occurred, the date the form was drawn up, as well as the initials of both parties, specifying who exactly is at fault for the accident and who is the victim. The main part must be divided into nine subparagraphs, which will contain the following information:

1. The essence of the agreement between the parties to the conflict;
2. A brief description of the traffic accident on behalf of its initiator;
3. Victim's requirements;
4. Responsibilities of the guilty party;
5. The name of the responsible body that recognized the reconciliation of the drivers as the final verdict;
6. Additional provisions that can be referred to when executing a settlement agreement;
7. Duration of the contract;
8. Number of copies certified by the judge;
9. Actual residential addresses of both parties to the conflict, bank details of the injured driver.

At the end, the document must be secured with three signatures, and only after that it acquires legal force. The same applies to a settlement agreement for an accident drawn up before the trial. After all, without notarization it will not be regarded as evidence in the event of a lawsuit being filed.

Sample

We have already found out what exactly an agreement on voluntary compensation for damage in the event of an accident should contain, and in what sequence it needs to be filled out. It would be a good idea to familiarize yourself with a sample of such a document attached below:

Agreement on compensation for damage in case of an accident

Omsk March 22, 2021

Stepan Aleksandrovich Ivanov, hereinafter referred to as the “Culprit,” on the one hand, and Svetlana Anatolyevna Sidorenko, hereinafter referred to as the “Victim,” on the other hand, have jointly entered into this agreement as follows:

1. Due to the accident that occurred at the address Omsk, st. Embankment 12, with the participation of vehicles: VAZ-2101, 1976, state. number A765AR98, belonging to the “victim”, based on PTS No. 764536, and a Lada Kalina 2005, state. number B832SM98, belonging to the “guilty”, on the basis of technical passport No. 665748, the parties agreed that as a result of receiving material damage, the “victim” demands compensation from the “culprit” in the amount of 25,000 rubles, until June 22, 2019.
2. Payment between the parties to the conflict will be made in cash.
3. When a payment is calculated by the initiator of the accident, the injured driver undertakes to give him a receipt for receipt of payment.
4. The culprit of the accident undertakes to pay the fees in a timely manner and cover the entire amount of damage caused within the prescribed period.
5. All disputes contained in this agreement, as well as other conflict situations related to the accident, are subject to consideration by the district court of the city of Omsk, in accordance with the Regulations, the decision of which is final for both parties.
6. Any issues that arise regarding a traffic accident that are not specified in the contract are resolved by the parties to the conflict in accordance with the current legislation of the Russian Federation.
7. The agreement is valid from the moment of conclusion until the guilty party fully fulfills its obligations;
8. This agreement is drawn up in two copies, each having equal legal force;
9. Residential addresses of both parties to the conflict:

Guilty: Omsk, st. Lermontova, 16, apt. 44;

Victim Omsk, st. Chkalova, 76, apt. 3.

It is important to know! At the end, the agreement is certified by the signatures of two drivers and a judge, after which it finally comes into force. What should a victim do if the person at fault for an accident ignores the document he signed, and what circumstances may lead to its early cancellation, we will find out later in the article.

What does it represent?

A settlement agreement in case of an accident is a document in which the culprit of the accident voluntarily assumes the obligation to pay material damage to the victim. Thus, this is an agreement between the culprit and the victim, which is drawn up at the scene of the incident.

Basically, insurance companies do not pay the entire amount required to repair the car, but a part of it. In this case, the culprit, in accordance with the agreement, can pay the missing amount.

What to do if the person responsible for the accident does not admit guilt? You can read the answer to this question in this article.

Advantages of a pre-trial agreement

As mentioned earlier, a settlement agreement is considered beneficial only for one party to a traffic conflict - the initiator of the accident. But the victim, with the help of such a document, will not be able to defend his right to compensation for the damage received. Therefore, in practice, drivers more often use the option of pre-trial reconciliation, certified by a notary.

If the person at fault for the accident refuses to cover material damage, such a form will be presented in court as evidence on which it is possible to initiate an administrative case against the debtor. But a victim of an accident can challenge a contract concluded in court only through an appeal, which takes much more time and money.

Pre-trial procedure for compensation for moral damage as a result of an accident

property (and/or health) of the Victim in the amount of _____ (_______________) rubles. 1.4. The victim has the right to compensation in excess of damages in the amount of _____ (_______________) rubles. 2.1. The responsible person compensates the Victim for damage in the amount of _____ (_______________) rubles.

2.2. Payment terms: - first installment in the amount of _____ (_______________) rub. payable by “__”__________ ____; — the remaining amount in the amount of _____ (_______________) rub.

payable by "__"__________ ____ 2.3. Compensation in excess of damages in the amount of _____ (______________) rub. payable by the Responsible Person to the Victim by “__”__________ ____.

1 tbsp. 16 of the Law on Compulsory Motor Liability Insurance. The claim against the insurer is sent to the address of the location of him or his representative. The period for consideration of a claim in accordance with paragraph.

What to do if the culprit does not comply with the terms of the agreement

When faced with an unscrupulous motorist who has decided not to comply with the terms of the settlement agreement, the injured person can use one trick that can increase his chances of receiving compensation - submitting a pre-trial claim to the person responsible for the accident. Thus, the victim of a traffic accident initiates new proceedings.

Attention! If it is ignored, the victim receives the right to go to court, but under a different article (namely, Article 1064 of the Civil Code of the Russian Federation).

Moreover, such manipulation is not prohibited from the point of view of current legislation. But not all motorists know about it, which increases the likelihood of the guilty party evading responsibility for the damage caused.

When is an agreement needed before trial?

Sometimes it happens that full compensation for damage caused in an accident cannot be obtained through insurance. The insurance company will not pay if:

• the vehicle that caused the damage was not insured
• the amount of damage is greater than the maximum payment for “automobile insurance”;

• compensation for damage not covered by compulsory motor liability insurance , the most common example is moral damage;

• when the damage is caused as a result of a non-insurable event within the framework of compulsory motor liability insurance .

This document is also used when the parties involved in an accident want to resolve the issue of compensation without contacting the insurance company, for example, to maintain a discount for driving without accidents or a clean car history without an accident mark in the traffic police database.

A settlement agreement before trial is especially useful if the culprit is liable for an accident with victims. In this case, such an agreement will indicate the effort of the damage-cauter to make amends for his guilt, which is taken into account in court.

In what case is the transaction terminated?

Normally, the legal force of a settlement agreement is lost if the culprit of the accident has fully fulfilled his obligations to the injured participant in the conflict. But in practice, such an agreement can be terminated earlier, but only under certain conditions:

• The initiator of the traffic accident paid the material damage before the established period;
• The court declared the form concluded between the drivers invalid;
• The person responsible for the accident died.

The legislation of the Russian Federation does not provide for other circumstances for premature cancellation of a document.

We learned what a sample agreement on compensation for damages in case of an accident looks like, and in what cases it needs to be drawn up. In conclusion, it is worth adding that in practice, pre-trial complaints are more popular among car owners. After all, with its help, the victim of an accident can claim further protection of his interests in court, which cannot be said about a settlement agreement.

Decor

The legislation, namely Article 140 of the Arbitration Procedure Code of the Russian Federation, establishes a specific form of settlement agreement on compensation for damage in case of an accident. The agreement is drawn up in writing in a form convenient for the parties, and its signing is a purely voluntary matter. It is important that it contains:

• basic facts;
• the agreed amount of damage;
• and payment terms.

The presence of witnesses and their signatures on the document greatly simplifies the consideration of the issue in the event of the subsequent refusal of the culprit to fulfill its obligations.

Who composes?

A voluntary settlement agreement on compensation for damage is signed by the direct participants in the accident, i.e. persons who were driving at the time of the accident. Quite often, driving a car is done by proxy. In this case, the owners of the vehicle can become signatories to the agreement, both on the part of the culprit and on the part of the victim.

If a company or public vehicle becomes involved in an accident, the organizations that own the vehicle may be liable for damage compensation. Similarly, material claims may arise from the injured organization.

In reality, more complex circumstances may arise when an accident occurs in the presence of indirect culprits. Most often, these include housing and communal services and road services, electrical installation organizations. A settlement agreement can also be concluded with such companies.

Contents of the paper

It is recommended to adhere to proven principles of document drafting:

1. The introductory part (“header”) of the contract must include the following information: the date and place of signing the accident, the name of the document, information about the participants in the incident and witnesses. The voluntary nature of the agreement must be noted.
2. In the first paragraph, it is necessary to state briefly, but highlighting the main data, information about the accident, the essence of the traffic violation and the guilt of one of the parties. It is necessary to highlight the admission of guilt. This subsection provides comprehensive data on vehicles (category, make, state number) and the damage received.
3. The second paragraph sets out the agreed amount of compensation for damage, the timing and method of payment. Payments can be made in cash or by bank transfer, one-time or in parts (in installments). Compensation for damage can be made in cash, property, or through repairs at the expense of the culprit.
4. The third paragraph records the agreement of the culprit of the accident with the established amount and deadlines. The possibility of actions by the victim in case of non-fulfillment of the agreement is established, incl. possibility of litigation. A document is indicated that must record the fact of execution of the agreement - a receipt from the victim, a payment order with a bank mark, a check, receipt, receipt order or other financial document confirming the payment of a sum of money.
5. Special conditions. This subsection sets out specific circumstances. In particular, information may be provided about the individual or legal entity that will actually fulfill the obligations assumed. This condition is especially relevant if the agreement was signed by an authorized representative of the person responsible for the accident or the owner of the vehicle.
6. The text of the agreement is completed with information about the number of signed copies and their location, signatures and the date of signing.

What will you have to pay for?

The legal amount of damage caused by an accident may include the following payments:

• Direct damage:
  total cost of car repairs;
• costs of towing or tow truck services;
• costs for processing documents for an accident, incl. examination;
• the cost of damaged equipment located inside the car (electronics, valuables in the trunk, etc.);
• other costs as agreed by the parties.
• Indirect damage:
  payment for medical services for injuries received during an accident;
• forced material losses (fines for being late, forced absenteeism, missing a plane or train, etc.);
• lost benefits (for example, when using a car for paid transportation under a relevant contract, disruption of a commercial contract as a result of being late, etc.);
• moral costs.

The last point is quite difficult to substantiate, but the possibility of such compensation is provided for by the Legislation, namely in the Civil Code of the Russian Federation § 4. If a completely new car is damaged, then any repairs and painting make it no longer new. Accordingly, the cost will decrease significantly if you want to sell the car. And just a spoiled dream is undoubtedly worth something.

Termination of the agreement

After both parties sign the agreement, the document becomes legally binding. This document expires in the following cases:

• With full compensation by the culprit for the damage;
• Upon the death of the culprit;
• According to the court decision;
• If the victim himself terminates the contract. However, he may not indicate the reasons for termination.

The victim has the right to make changes to the agreement if he first notifies the person responsible for the accident.

Compensation for moral damage

Since there is no provision for moral damage under the civil law, often an agreement is drawn up specifically for compensation for moral damage. Moreover, like damage to health, moral damages are compensated even for innocent drivers to the victim who is not the car owner.

Even in court, the amounts awarded for moral suffering are small, especially when there are no serious injuries, so you should not demand large compensation from the culprit. After all, if he does not agree to compensate voluntarily, a trial will be required, and expect more than, say, 5-10 thousand rubles. with an average degree of harm to health there is no harm.

Article on the topic: What is moral damage in an accident and how is the recovery of compensation for it carried out + sample claims and objections to the statement of claim

How to draw up a settlement agreement after an accident?

When drawing up an agreement between the parties to the accident, you need to adhere to a certain structure of the document:

• At the top of the document its name is written;
• A little lower, after the name, the date of compilation is placed on the right, and on the left – the name of the city or locality in which the incident occurred;
• Below, after the date and city, the full name and passport details of the culprit are indicated, and then the same details of the victim;
• Information about participants' vehicles: Car brand;
• Model;
• Year of issue;
• Engine number;
• Chassis number;
• Body number;
• Color;
• Vehicle passport;