Before filing a lawsuit, you need to send a pre-trial claim to the insurance company for OSAGO. It is sent to the address of the organization or its representative
Traffic accidents are an eternal problem. It becomes less unpleasant when insurance is issued. However, there are cases when the victim is dissatisfied with the payments, did not receive them in a specific period or the repair of the vehicle was not carried out efficiently.
This should be dealt with by going to court. But before you file a lawsuit, you need to send a pre-trial claim to the insurance company for compulsory motor liability insurance.
It is sent to the address of the organization or its representative. It is important to back it up with documents confirming the arguments stated in the claim.
In this article, you will learn what it should consist of and what papers should be attached to it, what are the terms for considering pre-trial claims under OSAGO. And also read about some important aspects of this treatment.
What a claim consists of
The pre-trial claim for OSAGO is drawn up in a free form, but must necessarily contain the following information:
To – the name of the insurer company, address of location.
From whom – the full name of the victim (individual) and his address.
The requirements of the victim are indicated – it is necessary to indicate the circumstances of the case and it is desirable to indicate references to the laws or legal acts that served as the basis for the appeal.
Bank details of an individual – they will receive payment if the requirements are recognized as justified.
There is a second option when the victim is a legal entity. In this case, the appeal should be directed by the one who issued the policy – its full name is entered.
A sample of pre-trial claims to the insurance company for CTP.
What documents will be needed
The main thing to remember is that all copies made from the originals must be certified by a notary.
Know that a positive result is largely influenced by properly executed documentation.
So, a list of certified copies or originals :
- Documents confirming the fact of owning a car. If the car does not belong to the participant in an accident, then it must be included in the insurance policy.
- A power of attorney (certified) if the participant in an accident cannot be present in person.
- Help. issued by the STSI This also includes a protocol on administrative violation or refusal to initiate proceedings.
- Also prepare a traffic accident notice.
- To file a pre-trial claim for OSAGO, you will need an insurance policy.
Who is entitled to send
A pretrial claim to an insurance company under OSAGO can be directed by :
- the victim in an accident – the owner of the vehicle;
- proxy representative.
Otherwise, the insurance company has the right to refuse not only to satisfy the claims, but even to accept the claim. Thus, it is important to prepare carefully and not leave the insurer even a chance to refuse.
To whom to send
Having understood and collected all the necessary documentation, you should send a claim.
A pretrial claim to an insurance company under mandatory liability insurance must be sent to the same insurance company where the application for insurance payment was sent.
There are situations when a company declares itself bankrupt or loses its license – then the appeal is sent to the Russian Union of Auto Insurers.
How to send
There are two ways:
- Give personally in the hands of employees of the insurance or car insurance union.
- Using the mail of Russia – you need to send a valuable letter with a description of the attachment. Do not throw the check.
Before you learn about the timing of filing a pre-trial claim for OSAGO, you need to understand some of the nuances.
There are several situations in which the victim has the right to make and submit a claim:
- If he received a refusal to pay, but has evidence of the groundlessness of such a decision.
- If you paid the amount, but not in full. When there is good reason to believe that such actions by the company were unlawful (for example, on the basis of an objective expert assessment).
- When the twenty-day period expired when the insurance claim was submitted.
The victim is given a considerable period of three years. During this time, it is necessary to draw up requirements, collect papers and send them. After the specified time has elapsed, it will be impossible to challenge the actions of the insurer due to the expiration of the limitation period.
Therefore, do not pull, deal with the situation immediately, as soon as you understand that you have been provided with incomplete compensation or not paid at all.
The term for consideration of pre-trial claims under OSAGO is rather short. After a maximum of five days after sending the documentation, the insurer must:
- Pay the full amount indicated by the victim. This occurs in those rare cases when the insurer agrees with the arguments provided in the claim and does not want to bring the case to court.
- Send a written refusal by mail.
How is the claim filed for “in-kind compensation”
In-kind compensation for loss is the payment by the insurance company of the repair of the vehicle, and not compensation for the loss in cash. In this case, the car is repaired at a service station owned by the auto insurer.
In case of in-kind compensation, pre-trial claims shall be sent in the following cases:
- Deficiencies in repairs were identified – poor-quality repairs were carried out.
- During the warranty period, malfunctions were identified.
The insurer is given five days from the date of receipt of the complaint to inspect the car. After that, employees are required to make a decision.
There are three options:
- They give directions for re-repair of vehicles.
- Decide to pay cash compensation.
- Deny the claim.
In what situations they may be denied
There are several reasons to refuse a claim:
- The person who filed the complaint was not injured in the accident and did not act by proxy.
- The victim did not provide documents substantiating the requirements.
- The account details for sending a cashless payment were not indicated.
- In case of in-kind reimbursement, a person did not bring his car to check for malfunctions.
- For other reasons, but only if they are supported by documents.
The decision to refuse is sent to the victim at the address indicated in the complaint.
Going to court
The law provides for circumstances in which the applicant has the right to sue:
- If he filed a claim for damages after twenty calendar days;
- After five calendar days after receiving the pre-trial claim by the insurer.
Having fulfilled these two conditions, documents are submitted to the court.
An important point is that an individual or legal entity that has applied to the court will be denied to consider the case if a pre-trial claim has not been submitted before.
Quite often, insurers try either not to fully pay the damage, or not to pay it at all, even with all the evidence. In this case, you can not immediately sue, it is necessary to observe the pre-trial procedure for the settlement of the dispute. If this does not help, feel free to file a lawsuit.