Compensation for damage by the culprit of an accident through the court: sample claim and pre-trial claim

July 24, 2020

The number of cars on the roads is constantly growing. It is important not to lose vigilance on the road so as not to get into an accident. Situations have become frequent when the culprit of an incident, after a long period of time, receives a summons demanding compensation from the insurance company for material damage. Is the claim legal, what to do in such a case?

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.

How to recover damages from the culprit of an accident without a compulsory motor liability insurance policy in 2021

A logical question that worries many car owners: if the culprit of an accident does not have compulsory motor liability insurance, how to recover damages from the culprit? Here everything happens in court. That is, a claim for damages is filed.

Moreover, it is collected in full.

They can enter here:

the cost of repairing the car and the loss of its marketable value;
all costs of conducting examinations;
expenses for restoring health, including compensation for lost earnings during the period of incapacity;
moral damage.

Each requirement must be justified with documentation. In the claim or claim (if it is sent), it is necessary to provide the corresponding calculations.

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.

Actions at the scene of an accident when the culprit does not have compulsory motor insurance

There are several practical recommendations on how to act in the first minutes of an accident.

First of all, you should obtain the coordinates of the party that is primarily involved in the accident. If the driver obstructs this, traffic police officers will always come to the rescue.

It is imperative to ensure that the location at the scene remains unchanged. After all, even the most insignificant details will help restore the picture of a road accident.

It is also important to draw up a map of the scene of the incident. It can be drawn by hand, having secured a signature from witnesses under the drawing.

You should carefully monitor the correctness of drawing up the protocol on an administrative offense. It must indicate that the guilty party did not have a compulsory motor liability insurance policy.

If the injured party does not agree with some of the conclusions of the traffic police inspector, she has the right to state her comments on the protocol.

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 19 years of experience.

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It happens that the culprit offers to resolve everything immediately peacefully, without waiting for the patrol to arrive. In this case, it is advisable to formalize all agreements and receipt of money with receipts.

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.

Why do you need a vehicle assessment for damage compensation?

To determine the likely costs of repairs or loss of marketable value of the car, you should contact an independent expert.

We recommend! How to file a claim against an insurance company

This may be a specially certified service station, a government agency, or a private company with the appropriate permit.

Required documents

You will need a certificate from the traffic police about the accident and the nature of the damage, an administrative protocol and a diagram of the incident. By the way, you can provide the specialist with your own photographs from the scene. In this case, it is advisable to film the car from all angles.

Even in some cases, taking photos and videos of the surrounding roadway will be useful. Shards of headlights, windshield, body parts: all this can also play a role.

Naturally, additional:

car registration certificate;
registration certificate for it;
a copy of the applicant's passport.

The expert may also ask for additional documents. Provide them in the interests of the injured party.

Notification of the culprit

This is a prerequisite for a full examination. Otherwise, its results can easily be questioned by the culprit party.

The other party is notified by telegram of the place and time of the examination no later than 3-5 days before the appointed date.

Vehicle Restoration Evaluation Report

It can be roughly divided into several parts. The first of them indicates the date of drawing up the conclusion, the name of the enterprise, the initials of the expert, and the documents on the basis of which they act.

Next is a description of the vehicle being submitted for examination, with the nature of the existing damage. Their reasons are also indicated in this section.

After this, calculations are made of repair costs and loss of marketable value of the car.

How about in practice?

In reality, it is possible to recover from the culprit the entire amount specified in the claim - there are no limits on compensation, unlike litigation with an insurance company. At the same time, judicial practice in cases of compensation for damage allows us to conclude that most defendants simply cannot actually execute a court decision due to their financial situation (lack of work, numerous obligations, alimony, etc.).

In order for the plaintiff to receive the awarded amount, it is necessary to control the stage of enforcement proceedings, contact the bailiff, initiate the issue of establishing the main and additional income of the debtor, and report all known data about his financial situation and property. Sometimes it is possible to initiate legal proceedings for the division of marital property (if the debtor's property is registered in the name of the spouse).

It is much easier to enforce court decisions on compensation when the defendant is a government organization or commercial enterprise whose drivers cause the collision. In such cases, the amount determined for payment is quickly transferred to the victim’s account, often without initiating enforcement proceedings.

If the culprit has a fake OSAGO policy

Let's say that insurance policies that are not quite “correct” are quite common today. And it’s not just the malicious intent of the person responsible for the accident. It happens that a “policy” is often purchased secondhand.

It is very often difficult for an inexperienced person to doubt the authenticity of a document under compulsory motor liability insurance. Then the following options are possible.

The first of these is the assistance of traffic police inspectors. They can check all the data against their own databases. Discrepancies will become immediately visible.

In addition, you can check the violator’s MTPL data using the RSA database. And if the policy actually passes through the card index, in court it is necessary to put forward joint and several claims against the insurance company.

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 19 years of experience.

Ask a question

The policy may be formally listed as false only because the insurance company does not have a second copy due to the fault of the agent. In all other cases, the driver without insurance will be responsible.

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

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.

Which court to file against the person responsible for the accident?

Before starting a trial if the culprit of an accident has no insurance , you should choose the right judicial authority. The nature of the damage, as well as its magnitude, are taken into account here.

If in addition to the car, health was also damaged in an accident, the plaintiff can go to court in the territory of his residence. When damage is caused only to equipment, the claim is filed at the place of residence (location) of the defendant.

If the amount of the claim is up to 50,000 rubles

Then the statement of claim is submitted according to the rules of territorial jurisdiction to the magistrate. The address of the corresponding precinct of justices of the peace can be found on the Internet.

The Civil Procedure Code gives the magistrate one month to consider the case. The same period applies to the defendant filing an appeal. It will be considered by the district court in the area of the magistrate judge.

Normative base

The legal settlement for compensation for damage caused by road accidents in 2022 is contained in the Civil Code (Articles 15, 1064, 1083 and 1094), Law No. 40 “On Compulsory Motor Liability Insurance” (Article 4, defining civil and administrative liability to other road users) and in CASCO insurance rules.

Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

The degree of guilt and measures of compensation for injured persons are based on the norms of the Administrative and Legal Framework of the Code of Administrative Offenses; Article 12 describes in detail all the consequences for the driver who violated the Traffic Rules; here you can also learn about the set of rules for various types of violations, the extent of punishment and the amount of compensation for them.

As for particularly serious consequences from the actions of an incompetent driver when performing maneuvers on highways, resulting in serious injury or death to road users, in 2022 they will be considered by the Criminal Legislation of Russia.

Explanations

Any traffic accident inevitably leads to monetary losses, sometimes harm to health, life or personal property. Based on the legal provisions of the Civil Code of the Russian Federation, a person who has suffered material losses in 2022 has the right to claim full compensation for damage from the culprit of the accident.

The provisions of the law on compulsory motor liability insurance oblige vehicle owners to prevent possible civil liability in advance and enter into a compulsory insurance agreement. This serves as a guarantee of compensation payments for damage caused from the culprit of the accident, and the victim has the right to receive compensation:

For damaged personal property.
Received injury that affected the ability to work or a normal lifestyle.
For lost wages due to disability as a result of an accident.
Compensation for funeral costs or loss of the sole breadwinner.

In 2022, the MTPL policy is intended to provide compensation payments to the victim of an accident, and not to the person responsible for the accident. The culprit can apply a CASCO policy to compensate for his losses.

What to do if the culprit does not have insurance: step-by-step instructions

First of all, a certain sequence of actions should be followed from the very beginning of the accident.

Stage 1. Correct registration of an accident

When an accident has just occurred, it is important to initially remain calm and act in cooperation with traffic police officers.

First of all, you need to make sure that you have all the information about the opposite party (initials, contact phone number, actual place of residence). If the culprit hides his data, you can request it from the traffic police.

When drawing up the protocol, you need to make sure that the fact of the absence of a compulsory motor liability insurance policy is included in it. Otherwise, filing a claim will be accompanied by certain difficulties. You will also need an accident diagram.

Witness testimony will also be useful. You should not forget to take the coordinates of people who witnessed the road event. Surrounding video cameras will also come in handy.

Stage 2. Determining the amount of damage

The procedure will depend on the nature of the harm caused.

If only vehicles were damaged, an independent expert opinion will be sufficient, which will determine the cost of restoration repairs. It can be done at a service station, in a government agency or in a private company with the appropriate license.

If there is damage to health, you should collect medical certificates regarding injuries and loss of ability to work. You should also collect documents to support the costs of treatment.

A certificate of lost average earnings will also certify the costs of restoring health.

Stage 3. Pre-trial claim

It is not necessary to send it, but in some cases it can speed up compensation for damage. After all, not every person at fault for an accident will want to go through a series of trials. In addition, legal costs will be saved.

In the claim, you can indicate the details where money should be transferred to account for the damage caused. Of course, in some cases it is convenient to transfer money by bank transfer.

The claim can be delivered in person or sent by registered mail, but always with return receipt requested. Notice from the post office will be required for the court.

Stage 4. Proceedings in court

Here you need to file a claim in court against the person responsible for the accident. It is written and submitted according to the rules of the Code of Civil Procedure of the Russian Federation.

We have already said above that, depending on the total amount of claims, the case can be considered by both the district court and the magistrate.

It is always important to correctly build your own legal position, supported by evidence. The content of the final decision will depend on this.