Procedure for compensation for damage in case of an accident: assistance from a lawyer

Compensation for road accident damage requires a professional approach and a comprehensive solution to the problem.

ATTENTION: our insurance auto lawyer will write a response to a claim for compensation for damage in an accident, will help even in the most difficult situation and will represent your interests in court.

The procedure for compensation for damage in case of an accident

Registration at the scene of an accident. There are two ways to record an accident: independently and through traffic police officers. The choice of a specific type of registration depends on the existence of a dispute about the culprit, the amount of damage, the number of vehicles, etc.

In the first case, in addition to the Europrotocol, it is also important to make photographic recordings. At the same time, the photographs must be linked to landmarks - the house number. Street name, etc.

Registration at the traffic police. After preparing the protocol by the participants in the incident or the traffic police officers, you should obtain the appropriate resolution on the administrative case.
Contacting the insurance company. For a CASCO policy, the culprit of the accident is not important. While compensation for damage in case of an accident under compulsory motor liability insurance, the key is the availability of insurance from the culprit. At the same time, the law provides a choice - to contact “your” insurance or the company of the culprit.

The final document after sequential implementation of the considered actions is the decision of the insurance company to pay.

Claim procedure

Experts in road accident cases advise going through the pre-trial compensation procedure before filing a claim. At the same time, the legislation does not prohibit skipping the stage of filing a written demand and immediately after the occurrence of a road accident, going to the district court (we remind you that in the case of claims sent to the insurance company, the pre-trial procedure is considered mandatory). Practice shows that often those responsible for road accidents simply ignore the letters of claim sent to them. If you nevertheless decide to take the opportunity to resolve money issues out of court, it will be useful to know the following:

the claim must be clear and understandable;
it should contain: a description of the accident that resulted in losses, a reasoned conclusion about the need for compensation (you should indicate why you intend to receive payment for the costs from this person);
circumstances for which no recovery is made from the insurance company;
do not allow demands in a rude, harsh, emotional form;
the letter must indicate damage (both obvious and hidden), as well as a document confirming their list;
the final amount you intend to receive: the cost of repair work, reduction in commodity value, evacuation costs, storage costs, appraisal costs, etc.

It is advisable to attach everything that the author of the claim refers to in copies (for greater persuasiveness and reliability, copies can be certified by a notary). It can be:

a document confirming the fact of the accident;
proof of vehicle ownership;
paid bills for the cost of repairs, evacuation, storage, etc.;
conclusion of the appraisal examination;
other documents.

The completed claim is sent to the culprit of the accident at his place of residence by registered mail with notification or with a valuable list of the contents. It is possible to deliver a letter via courier service - this issue is decided at the discretion of the sender.

Sample claim

The following sample claim can be used in the event of a complete lack of compensation for damage by the insurance company of the person responsible for the accident:

Ivanov Ivan Ivanovich registration address: 100000 Moscow, st. Lenina, 1, apt. 1 Petrov Petr Petrovich, registration address: 200000 Moscow, st. Lenina, 2, apt. 2

PRE-TRIAL CLAIM TO THE culprit of an accident

Dear Ivan Ivanovich!

01/01/2021 at 13:40 on the street. Khoroshevskoe highway in Moscow there was a collision with a Lada Priora car, state registration number A 000 AA/197, which was driven by me, P.P. Petrov. with a FORD car, state registration number U 000 УУ/197, which was driven by you, I.I. Ivanov.

The Lada Priora car, state registration number A 000 AA/197, belongs to me by right of ownership (a copy of the technical passport is attached).

The accident occurred through your fault, as a result of violation of clause 1.4 of the traffic rules, which is confirmed by the expert’s conclusion dated 01/02/2021, the protocol on an administrative offense, the road accident diagram, the resolution in the case of administrative offense 00AA 000000 dated 01/01/2021.

As it became known, the risk of your civil liability was not insured, since you did not take timely measures to extend the MTPL agreement.

In accordance with the conclusions of the examination of Expert-Auto LLC No. 0000000 dated 01/05/2021. (copy attached), the cost of restoration work on the Lada Priora car, state registration number A 000 AA/197, amounted to 45,000 rubles. In addition, I incurred additional expenses:

5000 rubles - the amount spent on the tow truck (I enclose a copy of the service provision certificate);
5,000 rubles – the amount spent on replacing a security alarm system damaged as a result of an accident (certificate attached).

Total, total amount of losses: 55,000 rubles.

I propose that you voluntarily, within 15 days from the date of delivery of this claim, pay me the cost of expenses incurred as a result of an accident for which you are the culprit. To transfer funds, I provide the details:

Sberbank PJSC, account 000000000000 or to Sberbank card No. 1111111111111.

If you intend to pay the required amount, but for some reason cannot do it within the period specified in this claim, you can call my phone number 8926000000 on weekdays from 18-00 to 22-00, on weekends from 10 -00 to 21-00, for negotiations.

In case of failure to comply with the requirements, I reserve the right to apply for compensation to the court, in which case I will additionally make demands for legal costs.

APPLICATION:

a copy of the vehicle's passport;
a copy of the resolution in the case of an administrative offense;
a copy of the certificate confirming the replacement of the electronic auto protection system;
a copy of the expert's opinion dated 01/02/2021;
copy of the expert's opinion dated 01/05/2021.

01/15/2021 Ivanov I.I. _____________signature

So, if, after the expiration of the established period for repayment of damage, the addressee has not made attempts to voluntarily compensate for your losses, there is nothing left to do but go to court.

Claim for compensation for road accident damage

The insurance consumer has the right to disagree with any decision (insufficient payment amount or complete refusal) and file a claim for compensation for damage to the accident.

A correctly prepared claim at this stage will help to achieve a settlement agreement on compensation for damages in case of an accident. Since the claim itself is a kind of pre-trial preparation, it must be sent exclusively to the legal address of the company. The claim itself must contain specific (non-alternative) requirements depending on the MTPL or CASCO policy, insurance rules and the law.

The application must include materials that have not previously been submitted to the organization. For example, an appraiser’s conclusion on the cost of restoration repairs.

Also, as part of the claim procedure, a real opportunity should be provided to satisfy the consumer’s requirements by attaching bank details for transferring funds. If the insurance company refuses to compensate for damages under a claim, you should prepare a statement of claim for compensation for material damage from the accident.

Recovery from an insurance company for an accident

It is assumed that in the event of an accident, the insurance company is obliged to pay for the insured event to the injured person to restore his car and health - that is, to compensate for material damage. Let us remind you that OSAGO does not compensate for moral damage.

At the same time, the legislation establishes restrictions on the amount of insurance payment under compulsory motor liability insurance, that is, the insurer under the policy can only pay the injured party:

up to 500,000 rubles for causing physical harm;
up to 400,000 rubles for causing damage to property.

In other words, if the harm caused in an accident requires greater compensation, that is, if the amount of repair or treatment is more than specified, then the culprit of the accident must compensate the remaining part.

How to file a claim for compensation for damages from an accident?

Please note the following when filing your application to the court:

Jurisdiction. The claim can be filed at the location of the applicant or the insurance company. In addition, based on the size of the claims, it is necessary to establish the competence of the magistrate or district judge in this case.
Parties to the case. Demands for the collection of money are also presented to the insurance company. At the same time, if the permissible amount of compensation is exceeded, the co-defendant must indicate the culprit of the accident. Also, only the culprit may be required to claim compensation for moral suffering from the accident. In addition, regardless of the size of the damage, all parties involved in the accident and their insurance companies should be involved.
Descriptive part. In this part, you can rely on a ready-made claim, in which all the necessary facts have already been stated.
Applications to the claim. Compared to a claim, all materials related to the accident, including the claim itself, should be attached to the application to the court. For each participant in the process, a complete package of documents should be generated - exactly the same as those intended for the court.
Additional claims requirements. Based on the refusal to compensate for damage voluntarily, the consumer has the right to demand compensation for moral damage, a penalty for each day and a fifty percent fine. Violation of the above rights to prepare and submit an application entails refusal to consider the claim by the court.

Important: you can only go to court once. All evidence must be present in the first trial.

He who is guilty pays

Everyone knows that with the introduction of compulsory motor liability insurance, the obligation to pay for the damage incurred lies with the insurance company of the one who is at fault, or with “their” insurance organization (this is called direct compensation), if only vehicles that are insured under compulsory motor liability insurance were damaged. It would seem that everything is clear and simple. At the same time, there are often situations when it is necessary to present demands directly to the culprit of an accident:

when the insurance company did not fully satisfy the claims of the injured party. Thus, civil liability can be insured for an amount not exceeding 400,000 rubles: if the amount of costs for car repairs turns out to be greater, the difference must be recovered directly from the person responsible for the incident;
if the car was damaged in a parking lot, parking lot, that is, not while moving (the car was not in use, the driver was not driving it, and there was no other car that was moving and made a collision, but, let’s say, a person scratched the car with a nail). This is no longer an accident as such, but property damage;
when it is necessary to obtain payment for causing moral damage;
the insurance organization refused to pay (in whole or in part) and appealing such actions did not bring a positive result;
the insurance organization went bankrupt or was liquidated without making payment under a judicial act adopted in favor of the victim;
if the driver at fault for the accident does not have a concluded contract with any insurance company, or such contract is expired.

Property claims cannot always be made against the person driving. So, if the car is listed on the balance sheet of a certain organization, then this organization is obliged to compensate for losses (as a rule, victims demand compensation jointly from both the legal entity and the driver in order to avoid unnecessary proceedings with shifting the blame onto each other).

If a person has an accident while driving a vehicle on the basis of a power of attorney, a lease agreement, etc., then such driver will be the debtor, however, these circumstances must be reliably confirmed by the owner of the vehicle. A similar rule applies if the car was driven by a thief.

If the burden of guilt in the listed situations was borne by the owner, then he can subsequently make recourse claims against the citizen who committed the collision.

What to do if the culprit does not have compulsory motor insurance?

The absence of insurance from the person who caused the harm is actually not that bad.

Compensation for damage in an accident if the culprit does not have insurance is also possible. The collection procedure is essentially similar to the above-mentioned process of obtaining compensation from the insurance company.

You should also start with a claim first. If it is rejected, rights are protected in court. The difference from a dispute with the insurance company is the impossibility of filing a claim at your place of residence and the need to pre-pay the state fee.

Important: all expenses for the consideration of the case in court are recovered from the losing party.

Additional evidence in court specifically in a dispute with the culprit will be a receipt for damages in case of an accident, in which the culprit acknowledges the need for payment. It is recommended to stock up on such evidence already at the first stage (registration at the scene of an accident).

Watch the video on our YouTube channel and you will learn how to file a claim with the insurance company, what to do and where to start. Write your question in the comments - an insurance dispute lawyer will answer you for free.

State duty for legal penalties for road accidents

The amount of state duty for general jurisdiction services depends on the amount of the claim and is:

4% of the amount of the claim, but not less than 400 rubles - if the amount of the claim to recover damages from the culprit of the accident is up to 20,000 rubles;
3% of the amount of the claim for an accident and 800 rubles on top - if the amount of the claim is from 20,000 to 100,000 rubles;
2% of the amount of the claim and 3,200 rubles on top - if the amount of the claim is from 100,000 to 200,000 rubles;
1% of the amount of the claim and 5,200 rubles on top - if the amount of the claim is from 200,000 to 1,000,000;
0.5% of the amount of the claim and 13,200 rubles on top - if the amount of the claim is more than one million rubles.

Features of compensation for damage caused by road accidents

Compensation for damage after an accident can be divided into:

compensation for damage from the culprit of the accident in terms of property damage (to the car, the property of the driver and passengers, structures and other objects);
compensation for harm to health;
compensation for moral damage;
lost profit;
expenses associated with evacuation, travel expenses from the accident site, and other expenses that could arise as a result of a road accident.

Material damage from an accident refers to the cost of repairing the vehicle and the amount of compensation from the assessment procedure. This requires the intervention of specialists, since employees of insurance companies often hesitate to cover damage under CASCO (read the material, the insurance company does not pay under CASCO), and there are also questions regarding the MTPL policy. A very important point - it is important to immediately, at the scene of the accident, describe in a document all the damage that was identified by witnesses. Thanks to this, you will not have to re-write the protocol.

Many drivers note that insurance companies want to avoid paying out by finding all sorts of excuses. Sometimes this is their goal - not to pay money for damage to the driver. By the way, paying compensation is only one of the methods to pay for repairs. The party that caused the accident can do it themselves, that is, pay for the repairs that are carried out at the service center. In cases where the age of the vehicle has not exceeded five years and the amount of damage is at least forty percent, the driver can file a claim so that damage compensation includes the full cost of the car. The insurance company is responsible for paying for transportation and storage of the vehicle, medical care for the injured person, and other compensation for damage as a result of the accident. To achieve all this faster and easier, it is necessary to have an agreement that describes the compensation amounts. If people die, the company pays for the burial and financially supports the family that has lost its breadwinner.

The culprit may have to pay compensation for material damage in an accident not only in relation to property, but also to the structure. But a special document must be sent to the insurance company within five days. To receive payments from the insurance company, you need to fill out an application, submit documents stating that an accident occurred, a copy of the protocol, and also a copy of the resolution that a violation occurred.

How to file a claim

Let us remind you that the period for going to court is three years from the date of the traffic accident. If this deadline is missed, the claim may not be satisfied for this reason alone, regardless of the fact that you are actually the victim and actually incurred the costs.

You can draw up a statement of claim yourself, following some recommendations:

The defendant can be either the person driving the vehicle or the owner of the vehicle. If the culprit of the accident died, then his heir will be the defendant;
it is necessary to comply with the rule on jurisdiction: the claim must be filed in the territorial court at the place of residence of the defendant, if there are several of them - at the place of residence of any of them (magistrate - if the amount of the claim does not exceed 50,000 rubles, in other cases - in the district court of general jurisdiction);
if there are several plaintiffs, then one statement can be drawn up;
just as in the claim, you need to describe what happened and list the damage to the car indicated in the examination;
be sure to indicate in the text of the application that a claim was previously sent to the defendant, to which no response was received;
the claim must be accompanied by copies of documents issued by the traffic police, expert opinions, checks, receipts, as well as a receipt for payment of state fees (in the example below, this is 800 rubles + 3% of the amount exceeding 20,000 rubles = 1,940 rubles, the amount of legal expenses is not subject to duty ).

What damages can the court ask for compensation for? In general, the plaintiff has the right to include in his claims all those costs that, in his opinion, are directly related to the accident:

these may be actual expenses incurred, including carrying out documentary procedures (drawing up conclusions, assessments, etc.), tow truck services, forced paid parking, etc.;
costs that will cover all restoration work (preliminary assessment) that has not yet been completed at the time of the claim;
the average market value of the car (for example, when the damage is so serious that the cost of repairs exceeds the price of the car);
moral damage - the suffering suffered by the victim in an accident, as well as harm to health;
lost profits, as well as subsequent damage (for example, as a result of an accident, the victim was late for a flight, and therefore the cost of tickets, hotel room reservations, etc. was not returned to him.

The scope of the requirements must be carefully calculated. So, if we are talking about partial compensation by the insurance company, then the price of the claim will correspond to the remaining (underpaid) amount. When a car is insured under CASCO, a deductible can be collected from the person responsible for the collision - this is the name of the part of the payment that is retained by the company.

Sample claim

A sample statement of claim can be drawn up either independently or with the help of a lawyer, the invoice for whose services can also become part of the requirements.

We are writing a statement of claim:

Leninsky District Court of Moscow Plaintiff: Petrov Petrovich, registration address: 200000 Moscow, st. Lenina, 2, apt. 2 tel. 8926000000 Defendant: Ivanov Ivan Ivanovich, registration address: 100000 Moscow, st. Lenina, 1, apt. 1 tel. 8927000000

Cost of claim: 58,000 rubles State duty: 1,940 rubles.

Statement of claim against the culprit of the accident for compensation for material damage

The accident occurred due to the fault of I.I. Ivanov, due to a violation of clause 1.4 of the traffic rules, which was confirmed by an expert’s conclusion dated 01/02/2021, a certificate of a traffic accident, and a resolution in the case of administrative offense 00AA 000000 dated 01/02/2021.

I sent it to Ivanov I.I. a claim for reimbursement of the cost of repair and restoration work on my car, but after the expiration of the established period, the damage was not voluntarily compensated.

5000 rubles - the amount spent on the tow truck (I enclose a copy of the service provision certificate);
5,000 rubles – the amount spent on replacing a security alarm system damaged as a result of an accident (certificate attached).

Total, total amount of losses: 55,000 rubles.

In addition, I spent 5,000 rubles on drawing up a statement of claim and preparing for the court hearing (I have attached a copy of the agreement).

The civil liability of the culprit of the road transport, in accordance with the Federal Law “On Compulsory Motor Liability Insurance” No. 40-FZ dated April 25, 2002, was not insured. The defendant did not provide evidence of compulsory civil liability insurance, either within the framework of compulsory or voluntary insurance.

Guided by Part 1 of Art. 15, part 1 art. 1064 of the Civil Code of the Russian Federation, a citizen has the right to demand full compensation for damage caused to him from someone who is found guilty of causing harm.

I request that the following witnesses be called to the hearing:

Kozlov Roman Olegovich (passenger in my car during the collision), living at the address: (index), Moscow, st._________, no.___, apt.____, tel._________.
Melikhov Dmitry Borisovich (evacuation service employee), living at the address: (index), Moscow, st._____________, no.____, apt.____, tel.____________.

To resolve this dispute, I consider it necessary to study the administrative case of an accident involving the plaintiff and the defendant.

Based on the above, guided by Part 1 of Art. 15, part 1 art. 1064 Civil Code of the Russian Federation,

ASK:

To recover from the defendant Ivan Ivanovich Ivanov in favor of Petrov Petrovich 45,000 (forty-five thousand) rubles as compensation for the cost of repairing the vehicle;

To recover from the defendant Ivan Ivanovich Ivanov in favor of Petrov Petrovich 5,000 (five thousand) rubles for the cost of a tow truck;

To recover from the defendant Ivan Ivanovich Ivanov in favor of Petrov Petrovich 5,000 (five thousand) rubles for the cost of replacing the alarm system installed on the vehicle;

To recover from the defendant Ivanov Ivan Ivanovich in favor of Petrov Petr Petrovich 3000 (three thousand) rubles) for the costs of assessing the restoration of the Lada Priora vehicle, state registration number A 000 AA/197, damaged as a result of an accident;

To recover from the defendant Ivan Ivanovich Ivanov in favor of Petrov Petrovich 1940 (one thousand nine hundred and forty) rubles for the costs of paying the state fee for considering the case in court;

To recover from the defendant Ivan Ivanovich Ivanov in favor of Petrov Petrovich 5,000 (five thousand) rubles of legal expenses in connection with the provision of legal services.

I ask you to request an administrative file on this dispute from the State Traffic Safety Inspectorate of the Russian Ministry of Internal Affairs for review in court.

APPLICATION:

Copies of the statement of claim for persons participating in the case;
A copy of the administrative violation protocol;
A copy of the road accident diagram;
A copy of the vehicle passport (notarized);
A copy of the certificate confirming the replacement of the electronic auto protection system;
A copy of the expert’s opinion dated 01/02/2021;
Copy of the expert's opinion dated 01/05/2021.
A copy of the agreement specifying legal services;
Receipt for payment of state duty.

Petrov P.P., _______________ (signature) 02/01/2021

This is one of many options for filing a claim for compensation for material damage through the court.

After filing such an application, a court date will be set, first a conversation (here you can clarify what written evidence is missing in the case, find out the position of the other party, present the original documents to the claim to the court for certification), then a consideration of the dispute on the merits. If the summoned defendant repeatedly fails to appear in court and fails to provide evidence of a valid reason, the court may enter a default judgment.

After a positive court decision enters into legal force, a writ of execution is obtained, which must be handed over to the bailiffs at the debtor’s place of residence. If the court does not agree with your demands, there is a legal opportunity to fight in the second instance - to file an appeal within 1 month from the date the decision was announced.

Lawyer for compensation for road accident damage in Yekaterinburg

A traffic accident almost always entails losses, sometimes very serious ones. The injured party usually expects that the guilty party or the insurance company will cover all costs associated with repairing the vehicle, as well as compensation for damage caused to the health of the citizen.

But it is important to remember that compensation for damage in an accident is a solvable procedure. It can take a long time, and there is no guarantee that its result will please the injured party. Therefore, to avoid risks, we recommend that you contact us.

What do we do for you

We provide free advice on automobile law
We protect drivers' rights
We carry out an independent examination
We support the investigation of the incident and the process of recovery from those responsible for the accident
We prepare documents
We draw up pre-trial claims and applications for recovery of damage caused by road accidents
We deliver documents to all authorities
We draw up statements of claim for recovery of material damage caused by road accidents
We draw up claims for moral damages after an accident
We represent your interests in court
We work with bailiffs
We handle administrative and criminal cases

What determines the amount of damage?

The legal grounds for calculating compensation amounts in 2022 are contained in Federal Law No. 40, Art. 7 defines the concept of the sum insured, in Art. 12 – its size and payment procedure.

The calculation of compensation payments in the event of an accident in 2022 depends on many interrelated factors; experts take into account:

The cost of damaged parts, taking into account depreciation + the work itself to restore the car, will be contained in clause 19 of article 12.
The amount of payment for conducting an expert assessment of all damage to the car (Article 12.1 of the Law)
In case of complete loss of property, compensation for the price of the car specified in the contract, also taking into account depreciation, and not the cost of a new car (Article 7)

Other material costs incurred are regulated by Civil Legislation, since the specified legal act does not regulate the property relations of the parties in any way (Articles 15, 1064, 1072 of the Civil Code of the Russian Federation). The following may be included in compensation for damage:

Compensation for the cost of medical services and treatment courses to restore lost health and rehabilitation after an accident, purchase of medicines.
Cost of tow truck and parking services.
To transport victims to a medical facility.
Compensation of wages during the period of restoration of working capacity.
In case of death, payment for all funeral services.

But the insurance company will only be able to pay up to 500 thousand rubles. for costs associated with restoring health, and 400 tr. for compensation for loss of property.
Everything that was spent in excess of the specified amounts, including the moral suffering of the person injured in the accident, is compensated by the perpetrator in court if there is no agreement to voluntary payments.

Is a claim necessary?

Serving or sending a claim to a person directly involved in a road accident is not provided for by law. However, such a step can significantly save time in receiving payments.

To do this, you need to make a correct claim. It needs to start with a description of all the circumstances of the accident. After this, you need to emphasize that the person who was driving without insurance was recognized as the culprit.

Next in the claim is a calculation of all damage caused. In this amount, you must not forget to include the costs of conducting an examination of the damaged car. The victim himself has the right to set the period within which the claim must be satisfied.

There is no pre-trial claim without an application.

List of documents:

Documents on the accident and its causes.
A copy of the expert's report.
Calculation of material and moral damage caused.
A copy of the vehicle's registration certificate.

The above list is indicative and can be supplemented depending on the specific situation.

Claim to the culprit of the accident

Which court should I go to?

Filing a claim for compensation for damage, material, physical or moral, is submitted to the court at the place of registration of the guilty person. If the price of the application is less than 50 thousand rubles, the application is transferred to the justices of the peace. Otherwise, you must visit the district court.

The processing time for cases involving minor amounts takes no more than 30 days. If the price of the claim exceeds 50 thousand rubles, the period of proceedings may be 2 months or more. Do not forget that such issues have a statute of limitations - a claim should be filed within 3 years after the accident occurred, but no later.

If there was any harm to health

A serious accident is always accompanied by bodily injuries of varying severity. How can we quantify the damage caused to health?

First of all, these are all the costs of restoring health. This includes treatment and the purchase of medications.

Assessment of health damage in road accidents

Damage to health in an accident is determined on the basis of medical certificates about the degree of loss of ability to work, as well as about the disability that could well have occurred.

Documents on the costs of restoration and rehabilitation are also suitable as confirmation.

Damage caused to health also includes lost earnings. It is determined for the period indicated on the sick leave by the enterprise’s accounting department. A corresponding certificate will be issued regarding this.

Estimation of the amount of compensation for moral damage

Along with property damage, moral damages in case of an accident are subject to recovery. Each injured party determines its value independently based on their own physical and mental suffering.

There is no uniform methodology for assessing the amount of moral damage.

Therefore, you can declare almost any amount in the statement of claim (this will not affect the amount of the state duty in any way). At the same time, the court has the right to reduce the prescribed figure based on the principle of adequacy.

Documentation

The documentation package for filing a claim must contain the following documents (it is better if these are copies, but you should have the original documents with you, as well as at the court hearing):

the application itself (in the number of samples equal to how many people will take part in the process);
act on the occurrence of an insured event (requested from the insurance office);
certificate of accident from the traffic police;
a protocol drawn up by traffic police officers in the case of an administrative violation, as well as on the inspection of the accident scene;
notice of call not inspection;
opinion of an independent expert regarding the amount of damage;
papers from the insurance office, for example, a refusal to pay, a document on the amount of compensation paid;
payment documentation indicating expenses incurred as a result of an accident (including expenses for treatment, if we are talking about harm to health);
receipt of payment of the duty (at least 800 rubles).

Documentation and the claim may be submitted to the court office in person. In this case, you must have a copy of the application with you, on which the responsible employee will mark the acceptance of the papers. It is also possible to send the package by valuable mail. Another option is the services of a trusted person, who will generally carry out all actions for the injured citizen.

Collection of compensation from the culprit of a transport accident by applying to the judicial authorities is allowed only in a number of cases. In this case, the victim will need to prepare evidence of the fact that the damage was not covered and that an accident occurred at all. Typically, the consideration of cases on such claims is completed with a positive result, and compensation is paid to the victim in full or in part of the amount that he requested.

Taking into account wear and tear

The new version of the MTPL Law stipulates that the insurer will not issue cash to the victim for the restoration of the car, but will use it for repair work. Their cost is set based on the degree of wear and tear of the damaged vehicle components and cannot exceed 400 thousand rubles. Moreover, the older the car, the less the insurer will allocate funds for repairs (Article 12 of the SAGO Law).

But it is impossible to actually repair damaged parts for this money; the victim has to pay for new units from his own funds. Therefore, it is advisable to calculate the recovery of damage from the difference between the amount of money actually spent by the owner and allocated by the insurance company.

The injured owner has the right to recover the overpayment amount in court. To do this, you will need certificates from the insurer about the allocation of funds for repairs and from the service center foreman about the actual cost of completely restoring the car.

(Resolution of the Constitutional Court of the Russian Federation dated March 10, 2022 No. 6-P).

Compensation procedure

The sequence of actions of an injured pedestrian who seeks compensation for harm largely depends on whether the car owner is insured for liability. If liability is insured under a compulsory motor liability insurance contract, the victim can contact both the insurance company and directly the person responsible for the harm. Based on the MTPL agreement, the insurance company must make insurance payments to victims of road accidents.

According to the MTPL Law, each participant in an accident is obliged to inform other participants of information about their insurance contract (insurance company, contract number). The victim will need this information when contacting the insurance company.

The owner of a source of increased danger is released from liability (in whole or in part) only in the following cases:

if he proves that the damage arose due to force majeure, he is completely released from liability. In this case, force majeure are extraordinary and unpreventable circumstances under given conditions (flood, natural disasters, military actions, etc.). Such circumstances do not include, in particular, violation of obligations on the part of the debtor’s counterparties, lack of goods on the market necessary for execution, or lack of necessary funds from the debtor;
if he proves that the harm arose as a result of the intent of the victim, he is completely released from liability. In civil legislation, the concept of intent is not disclosed as fully as in criminal legislation, so, in accordance with Art. 25 of the Criminal Code of the Russian Federation, intent is understood as unlawful behavior of a person in which he is aware of the social danger of his actions (inaction), foresees the possibility or inevitability of the occurrence of socially dangerous consequences and wants them to occur, or does not want them, but consciously allows these consequences, or is indifferent to them ;
if the gross negligence of the victim himself contributed to the occurrence or increase of harm, depending on the degree of guilt of the victim and the causer of harm, the amount of compensation should be reduced (clause 2 of Article 1083 of the Civil Code of the Russian Federation). Negligence is such unlawful behavior of a person, which is committed by him through negligence (when the person foresees the possibility of socially dangerous consequences of his actions (inaction), but without sufficient grounds for this he arrogantly hopes to prevent these consequences) - gross negligence, or due to frivolity or negligence (when a person does not foresee the possibility of socially dangerous consequences of his actions (inaction), although with the necessary care and forethought he should and can foresee these consequences) - simple negligence (Article 26 of the Criminal Code of the Russian Federation). In case of gross negligence of the victim and the absence of guilt of the harm-doer in cases where his liability occurs regardless of guilt, the amount of compensation should be reduced or compensation for harm may be refused, unless otherwise provided by law (clause 2 of Article 1083 of the Civil Code of the Russian Federation).

If harm is caused to the life or health of a citizen, refusal to compensate for the harm is not allowed .

In accordance with paragraph 1 of Article 1064 of the Civil Code of the Russian Federation, damage caused to a citizen’s property is subject to compensation in full by the person who caused the damage. The person who caused the harm is released from compensation for harm if he proves that the harm was not caused through his fault. Thus, the following conditions must be present: the pedestrian’s guilt, the wrongfulness of his behavior, the occurrence of harm, and the existence of a causal connection between them. Consequently, if all these conditions for the occurrence of a traffic accident are established, then, according to paragraph 1 of Article 1064 of the Civil Code of the Russian Federation, the harm caused to the owner of the vehicle in the form of mechanical damage to the car is subject to compensation in full.

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.