Recovery of damages under OSAGO

Previously, we have stayed at possible reasons for the insurance company’s refusal to pay you insurance reimbursement in full. And also described a common algorithm of actions, allowing you to carry out damages under osago with the insurance company.

After all, insurers can legally refuse to pay you in only a few cases (The Insurance Act), and in all others – the OSAGO Rules and the Consumer Protection Act (PTA) on your side.

And what if the insurance paid little under OSAGO, if it seems to pay and does not refuse, but counted such a amount that it is clearly not enough for the restoration of your four-wheeled friend. Here you too have the right to demand a co-payment. Let’s remember the stages of the algorithm about what to pay attention to each of them.

First, we determine the amount of underpayment. To do this:

1. In writing, ask the insurance for a copy of the protocols and other documents obtained from the police and a copy of the inspection of the damaged vehicle, on the basis of which the damage was assessed. Refuse have no right
2. Organize an independent damage assessment with the involvement of an expert on the state registry. For examination with a telegram with a notice of delivery call a representative of the insurance company (UK) – he must sign the act of inspection
3. Based on the results of the expert opinion on the cost of restoration work, calculate exactly how much you did not pay the UK. It’s not enough – the concept of “stretched.”

At the next stage we prepare and send to the UK a pre-trial claim:

1. Send a bespoke letter to the UK with a notice of delivery of the claim in an arbitrary form. It must necessarily contain the date of the conclusion of the insurance contract, the date of the accident (to note that it occurred during the period of the policy), the reaction of the UK (for example, the case is recognized as insurance, paid a refund in such a size), the cost of repairs on the results of independent examination and the amount of underpayment, your requirements to pay the difference and reimburse the costs of examination and overheads (ordered letters, telegrams, etc.)
2. If within 5 working days after the award the SC does not react – we move on to judicial measures.

We are preparing a lawsuit for foreclosure under OSAGO

1. Write a claim, where, in addition to the points defined by the SPC of Ukraine, indicate everything that you want to recover from the UK: claims, forfeiture (fine and penalties), moral damage;
2. Prepare two packages of claims documents, includi
   ng: claim, calcul
   ation of the required sums (forfeitures, penalties, fi
   nes, etc.), copies of
   your passport, certificates of regist
   ration of the car, documents from th
   e police – certificate of accident, the ruling in the case of ad
   ministrative offense
   and others, telegrams to the UK, repor
   ts on the deliv
   ery of correspon
   dence to the UK, inspection
   of the TS, the statement of the SC Examination, tow truck, etc.

Packages stitch, at the end specify the list of documents and the number of pages. One of the packages remains with you, the second send to the court through expedition or mail.

Osago Foreclosure Trial

If the claim is accepted, a date is set for the preparation of the case for the trial (interview of the parties, preliminary court session).

You will have to recognize it yourself – by phone or personally coming to court once a week 21 days after filing a lawsuit. During this time, you can make any petitions or attach additional documents to the lawsuit. At the preliminary hearing, the judge will set a date for the trial and hand the parties a subpoena.

Court decision in the case of recovery

During the trial, on the merits, the judge asks clarifying questions in the case, gives a say to the parties and makes a decision. If the results of two examinations are presented to the court – your and the SC court can appoint a forensic examination.

You:

• Object to her appointment, explaining that the examination was carried out properly. And the extra will simply delay the case.
• You present the objection in writing to the judge for re-introduction to the case.

If an examination is appointed, the case is suspended for the period of its holding (from 1 month).

The decision of the examination is not necessary for the court, but simply taken into account.

The court’s decision in the case is handed to the participants in writing.

If the court ruled in your favor, it will come into force in a month – the period set by the law for appeal.

And, if the APPEAL of the UK did not file, you:
Write an application for an executive sheet; after a
bout 2 weeks you come and get it in your hands – signed by the judge and certified by the seal of the court;

Make sure it contains the right information.

Important

Now you know what to do if you have paid little under OSAGO. However, it should be understood that at any stage there may be unforeseen difficulties and hitches. Thus, the lawsuit prepared by you for the reason certain by law may not be accepted by the court, may be returned or left without movement. The court’s decision may not be in your favor – and you will have to apply to the higher courts. Mistakes or typos in documents can be stolen – and, for example, you will not be able to collect your money from the UK on a wrong executive sheet…
Therefore, it is reasonable to enlist the support of professionals who have a lot of experience in the difficult case of collecting underpayments from insurance companies.

Contact us – and the funds you have not received due to the arbitrariness of the UK, you will get guaranteed

You will be assisted by an insurance lawyer