In the section “Recovery of damages under OSAGO” we have described in detail on what algorithm you need to act in order to get either the unpaid compensation of the insurance company (UK), or the difference between the amount of real damage and the mockingly small payment of the UK.
Let’s briefly recall this algorithm
- The amount of underpayment is determined. If you refuse, it is clear: the entire amount of real damage. In the event of a non-payment, there is a difference between the damage assessment by the insurance company (they are required to issue a copy of the inspection act for which the damage was assessed) and the result of an independent examination, which you organize yourself.
- The claim of the insurance company under OSAGO is being prepared and sent. In the absence of a reaction of the UK for 5 days – we are preparing for the trial.
- The claim is written, a package of claims documents (the statement itself, calculations, copies of documents from the police, claims to insurance and others) is prepared and sent to court.
- Further, if the claim is accepted, a trial shall be followed.
- A court decision is made
- If the UK does not file an appeal within a month, an application for an executive sheet is written.
- The executive sheet together with the application for foreclosure refers to the bank, which has an account of the UK – and during the working week (3-5 days) the money is debited from the account and transferred to you.
It should be noted that all items, starting with 3 – going to court – it is desirable to implement when you have made an attempt to pre-trial settlement of the dispute with insurance.
Moreover, it is possible that the case, indeed, can be settled before the trial.
Usually insurance “earn” on those customers who resignedly receive a meager amount and go to repair the damaged car, reporting their own money. But, faced with opposition, some SC, realizing that the case is losing, prefer not to bring the situation to trial,
and pay you the missing amount. And here it is very important to correctly make a claim of the insurance company.
Sample claim
There is no single form of this document, but there is a number of information that should be specified. In particular, it is necessary to specify the dates – the conclusion of the contract OSAGO and the accident, noting that it occurred during the period of the policy. It is necessary to recall the reaction of the company to t
he accident (for example, the case is recognized as insurance and paid a refund). To emphasize the requirement to return the underpayment and reimburse the overhead – for examination, telegrams, bespoke letters and others.
You can use the following as a sample of the claim:
From: Ivanov
Ivan Ivanovich
, Registered at:
Kharkiv, Ivanov Street, 1, sq.1
tel. +3800000000
Claim
On March 1, 2018, at 3:15 p.m., at the intersection of Sumskaya and Petrovsky streets, the driver of Petrov P.P., driving a Maseratti, state registration plate, collided with my Lada car, the state registration plate of the XXXXX, causing significant damage to my car.
Since Petrov had a valid OSAGO policy (the contract was signed on February 10, 2018), on March 2, 2018, I applied to the insurance company “———-” with an application for insurance payment under OSAGO. Damage to the car in an accident was recognized as an insurance case, the amount of insurance reimbursement was 100 UAH.
Since the amount paid as insurance reimbursement was clearly insufficient to repair my damaged vehicle, I had to contact an independent appraisal organization to conduct an independent assessment of the cost of repairing the vehicle. The cost of an independent assessment was 100,000 UAH.
According to report No. 666/777 on the assessment of the market value of the repair of the vehicle – the cost of repairs taking into account wear is 300,000 UAH.
That is, so far the insurance company has not fulfilled the obligation to implement the insurance payment of 299,900 UAH, based on the following calculation:
300,000 (repair or insurance amount) – 100 (payout) – 299,900 UAH.
On the basis of the foregoing, I ask within five calendar days of receiving this claim to make an insurance payment of 299,900 UAH, as well as to reimburse me for the cost of an independent examination of 10,000 UAH.
I ask you to make a payment on the following details:
No account: 00000000000000000001
Recipient: Ivanov I.I.
Recipient’s Bank: “———”
If my legal requirements are not satisfied, I reserve the right to apply to the court for forcible recovery of the amount of insurance reimbursement, forfeiture, fine and expenses for the payment of the services of the representative.
Appendix: the conclusion of an independent examination.
March 30, 2018 F.I.O. Ivanov Ivan Ivanovich signature
You can use the sample, but it is more correct and reliable to turn to professional auto-lawyers in case of such a situation.
We will advise you, help to make a competent claim, and in the case of the court – prepare a lawsuit and will represent your interests in court. And believe me, your money will certainly come back to you.
You will be assisted by an insurance lawyer