Suit to the auto insurer

[Адвокат]

(EXAMPLE OF SUGGESTED STATEMENT)

Magistrate ___ of the judicial section of Moscow

The address: ___________________________________

Plaintiff: Victim A.A.____________________

The address: __________________________________

Representative of the Plaintiff: Representative B.B. ____

The address: __________________________________

Defendant: Insurance Company LLC ________
The address: __________________________________

The price of the claim is ____________ rubles

STATEMENT OF CLAIM
I, the Victim A.A., according to the Law "On CTP" No. 40-FZ of 04.25.2002. (hereinafter referred to as the “Law”) and Decree of the Government of the Russian Federation No. 263 dated 05/07/03 “Rules for Compulsory Third Party Liability Insurance of Vehicle Owners” (hereinafter referred to as “Rules of Insurance”) applied to Insurance Company LLC for insurance compensation for accidents that happened at the "" hour. "" Min "___" _______________ 2010 at the address st. Insured 25, between me, Victim A.A., who drove a VAZ 21061 car, registration plate D 666 TP 77 and Guilty B. B., who drove a VAZ 2101 car, registration plate D 777 TP 77 In the time and manner established by the Law, I submitted to LLC “ Insurance company ”all the necessary documents for making insurance payments. Insurance Company LLC sent me for an independent examination to Our Expertise LLC. According to the Conclusion of LLC “Our Expertise” the amount of damage amounted to XXXXX, XX rubles, which is significantly lower than the cash costs necessary to bring my car to the condition it was in until the insured event. (Art. 12 p. 2.1b of the "Law"). In accordance with paragraph 21 of the "Rules for organizing and conducting an independent technical examination of a vehicle when deciding on the payment of insurance compensation under the compulsory civil liability insurance contract of the vehicle owner" (approved by Decree of the Government of the Russian Federation of April 24, 2003 N 238), I was a repeated examination was organized at the Independent Expertise LLC "" ____________ 2010 of which the Insurance Company LLC was notified. According to the "Report No. ______ of" "_________________ 2010. the cost of work, services, spare parts and materials necessary to repair a damaged car ”(hereinafter referred to as the“ Report ”) drawn up by Independent Expertise LLC, the damage caused to my car amounted to YYYYY, YY rubles, which is YYYY, YY rubles more than the damage calculated by Our Expertise LLC and intended for payment to Insurance Company LLC. "___" ____________ 2010 I sent a pre-trial claim to Insurance Company LLC with a proposal to voluntarily resolve the disagreements, however, at the moment I have not received a response to it (however, I received a ___ __________ 2010 answer that did not leave any other scenario, except as an appeal to the court in order to protect their rights). I consider such actions of Insurance Company LLC illegal for the following reasons: The cost of damage according to the “Report” drawn up by Independent Expertise LLC is a monetary value of the expenses necessary to bring property into the state in which it was before the insured event. It was this amount (YYYYY, YY rubles) indicated in the “Report” compiled by Independent Expertise LLC that the insurance company was supposed to pay in accordance with the current “Law” and “Insurance Rules.” “” ___________ 2010. “Insurance company” LLC was made to me insurance payment in the amount of ХХХХХ, ХХ rubles, which is YYYY, YY rubles less than defined in the “Report” compiled by Independent Expertise LLC. Thus, Insurance Company LLC without legal grounds and contrary to the principle of independence of damage amount assessment, underestimated the amount of damage caused to my car.In connection with the violation of the law by the insurance company and the need to protect my rights in court, I experienced great mental excitement and moral suffering. In addition, the lack of insurance compensation critically affected my financial situation: for repair I had to redistribute the budget of my family car, cutting food and maintenance costs family house. My peace was disturbed and I spent more than one sleepless night thinking about it. Unlawful actions of Insurance Company LLC caused me moral harm, as I experienced moral suffering in connection with a gross violation by Insurance Company LLC of the applicable laws and due to the fact that the lack of insurance compensation affected the usual way of life of me and my family.
Based on the foregoing, guided by Article.Article. 131, 132 Code of Civil Procedure of the Russian Federation,
I BEG
1. To compel LLC Insurance Company to perform the service in full by recovering YYYY, YY rubles from Insurance Company LLC.
2. To recover from the Insurance Company LLC YYYY rubles in compensation for non-pecuniary damage.
Applications:
1. Copy of statement of claim
2. A copy of the pre-trial claim to the Insurance Company LLC.
3. A copy of the response to the claim (if any)
4. Copy of the “Report” of Independent Expertise LLC
5. Receipt No. ___ from "" __________ 2010 about payment of state duty
(well, copies of all documents, a copy of the application for payment, etc.)

________________ / The victim A.A. /

"___" _____________ 2010
Source: https://www.avtonex.ru/problem6.htm

 

[Матушкин Андрей Николаевич]

Thank!