Settlement agreement on compensation for damages in case of an accident before trial: why is it necessary and how to draw it up + sample

Violation of the terms of the settlement agreement

Often, after an accident, the victim and the culprit resolve the issue of compensation for damage privately, among themselves, without trial.
But this agreement must be properly formalized by drawing up a damage settlement agreement. Otherwise, either the injured party may not receive anything, or the culprit will have to pay twice. Therefore, now I will tell you what a settlement agreement is in case of an accident before trial, and how to draw it up correctly. Go!

Sometimes it happens that full compensation for damage caused in an accident cannot be obtained through insurance. The insurance company will not pay if:

• the vehicle that caused the damage was not insured;
• the amount of damage is greater than the maximum payment for “automobile insurance”;
• compensation for damage not covered by compulsory motor insurance; the most common example is moral damage;
• when the damage is caused as a result of a non-insurable event within the framework of compulsory motor liability insurance.

This document is also used when the parties involved in the accident want to resolve the issue of compensation without contacting the insurance company, for example, to maintain a discount for driving without accidents.

A settlement agreement before trial is especially useful if the culprit is liable for an accident with victims. In this case, such an agreement will indicate the effort of the damage-cauter to make amends for his guilt, which is taken into account in court.

Strictly speaking, a settlement is an agreement that is concluded between the parties to the trial before a decision is made in the case.

In this case, the judge must approve it with his ruling, that is, it depends on him whether the case of reconciliation of the participants will be terminated or not.

Therefore, to the question “Is it possible to sign a peace agreement before the trial?” the correct answer is: no.

And before the trial, a damage settlement agreement is drawn up, but often people also call it a settlement agreement. But the strength of these documents varies.

If a settlement approved by the court is equated to a court decision, that is, although it can be appealed, it is no longer possible to go to court on the issue considered a second time, then after an agreement before the trial, the victim’s rights to demand compensation remain. But, of course, when considering the case, the judge will take into account the fact of actual compensation for damage.

Agreement before trial

So, in essence, when compensating for damages in an accident, a pre-trial agreement is an agreement between the culprit and the victim to settle losses.

Article on the topic: Everything about compensation for material damage received in an accident: step-by-step instructions, analysis of non-standard situations, sample documents

Note. An agreement alone is not enough to confirm the reparation of damage; it indicates an agreement between the parties to resolve the conflict. Therefore, in addition to it, a receipt must be drawn up when receiving money in an accident and a receipt for no claims. Sometimes they are combined in a damages receipt.

From a legal point of view, those responsible for an accident are obliged to fully compensate for the damage suffered by the victim.

Another matter is how the rights and obligations of the parties will be implemented - through the court or voluntarily.

A settlement agreement for damages in case of an accident is considered one of the most civilized ways to solve this problem. Below we will describe in detail the basic rules for drawing up and signing a document.

• The essence of voluntary compensation

What is the difference between a receipt and a contract?

• When is the document drawn up?
• Decor

Who composes? paper What will you have to pay for?

• What to do if the terms of the settlement are not met?
• Termination of the transaction

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The issue of damage in an accident is resolved by the insurance company. However, quite often the due amount of insurance does not cover all the costs of the victim and litigation begins to reimburse all costs. In the end, such claims are satisfied, but at the same time precious time, nerves and money are wasted on various procedures.

How to solve the problem without unnecessary hassle? If the culprit of the accident is fully aware of his guilt, then voluntary compensation for full damage will save him from unnecessary additional costs. This approach is implemented in different ways:

1. payment directly at the scene of the accident without registration;
2. oral agreement with the participation of witnesses;
3. a receipt for a certain amount satisfying both parties;
4. and a settlement agreement (agreement) on compensation for damage.

A receipt is a written commitment from a person to pay a certain amount of money within a certain time frame. If such an obligation is not fulfilled, problems with the evidence base begin, which complicates the trial.

A settlement agreement in case of an accident is an agreement in which both parties record the fact of the incident, the culprit and his responsibility, which is confirmed by the signatures of both the culprit and the victim. With these signatures, it becomes a valid legal document binding the agreed upon damages.

Attention! After signing the settlement agreement, the person responsible for the accident becomes a confirmed participant in the offense. If he fails to fulfill his obligations, he bears full responsibility, including confiscation of property. The agreement can be drawn up with or without the participation of a notary, and in both cases the document has equal legal force.

A settlement agreement is drawn up after an accident, where the culprit of the accident undoubtedly admits his guilt. So he resorts to a conflict-free solution to the issue of compensation for damage to the injured party.

Most often, the need for it arises when the circumstances of an accident do not fall under the insured event, i.e. the culprit violated not only the traffic rules, but also the terms of the insurance contract.

For example, the insurer does not make payments in the event of an accident that occurs as a result of transporting cargo, and it unexpectedly falls out of the back of the truck and onto another vehicle. There is a fact of damage caused and a clear culprit, but there is no insured event.

The agreement can be drawn up directly at the scene of the incident (preferably in front of witnesses), in a notary office or in the organization of the owner of the vehicle.

The document is drawn up immediately after an accident (with or without drawing up a protocol by a traffic police officer), after examinations and damage assessment, or at any stage of the proceedings, but before filing a lawsuit. The judge can also suggest this method of resolving the conflict before the start of the trial.

For the guilty party, the best option is to resolve the issue directly at the scene of the accident, when the amount is determined independently and does not include the costs of examinations and the involvement of specialists.

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Decor

The legislation, namely Article 140 of the Arbitration Procedure Code of the Russian Federation, establishes a specific form of settlement agreement on compensation for damage in case of an accident. The agreement is drawn up in writing in a form convenient for the parties, and its signing is a purely voluntary matter. It is important that it contains:

• basic facts;
• the agreed amount of damage;
• and payment terms.

The presence of witnesses and their signatures on the document greatly simplifies the consideration of the issue in the event of the subsequent refusal of the culprit to fulfill its obligations.

A voluntary settlement agreement on compensation for damage is signed by the direct participants in the accident, i.e. persons who were driving at the time of the accident. Quite often, driving a car is done by proxy. In this case, the owners of the vehicle can become signatories to the agreement, both on the part of the culprit and on the part of the victim.

If a company or public vehicle becomes involved in an accident, the organizations that own the vehicle may be liable for damage compensation. Similarly, material claims may arise from the injured organization.

In reality, more complex circumstances may arise when an accident occurs in the presence of indirect culprits. Most often, these include housing and communal services and road services, electrical installation organizations. A settlement agreement can also be concluded with such companies.

paper

It is recommended to adhere to proven principles of document drafting:

1. The introductory part (“header”) of the contract must include the following information: the date and place of signing the accident, the name of the document, information about the participants in the incident and witnesses. The voluntary nature of the agreement must be noted.
2. In the first paragraph, it is necessary to state briefly, but highlighting the main data, information about the accident, the essence of the traffic violation and the guilt of one of the parties. It is necessary to highlight the admission of guilt. This subsection provides comprehensive data on vehicles (category, make, state number) and the damage received.
3. The second paragraph sets out the agreed amount of compensation for damage, the timing and method of payment. Payments can be made in cash or by bank transfer, one-time or in parts (in installments). Compensation for damage can be made in cash, property, or through repairs at the expense of the culprit.
4. The third paragraph records the agreement of the culprit of the accident with the established amount and deadlines. The possibility of actions by the victim in case of non-fulfillment of the agreement is established, incl. possibility of litigation. A document is indicated that must record the fact of execution of the agreement - a receipt from the victim, a payment order with a bank mark, a check, receipt, receipt order or other financial document confirming the payment of a sum of money.
5. Special conditions. This subsection sets out specific circumstances. In particular, information may be provided about the individual or legal entity that will actually fulfill the obligations assumed. This condition is especially relevant if the agreement was signed by an authorized representative of the person responsible for the accident or the owner of the vehicle.
6. The text of the agreement is completed with information about the number of signed copies and their location, signatures and the date of signing.

The legal amount of damage caused by an accident may include the following payments:

• Direct damage:
  total cost of car repairs;
• costs of towing or tow truck services;
• costs for processing documents for an accident, incl. examination;
• the cost of damaged equipment located inside the car (electronics, valuables in the trunk, etc.);
• other costs as agreed by the parties.
• Indirect damage:
  payment for medical services for injuries received during an accident;
• forced material losses (fines for being late, forced absenteeism, missing a plane or train, etc.);
• lost benefits (for example, when using a car for paid transportation under a relevant contract, disruption of a commercial contract as a result of being late, etc.);
• moral costs.

• 29.07.2018 /
• 0 Comments

Is it profitable to enter into an agreement?

It is believed that a settlement agreement is a profitable deal for both parties.

Let's find out why:

• the victim can quickly receive money for the damaged car, because court proceedings can drag on;
• the culprit of the incident will not have to spend money on legal expenses;
• In addition, the parties will not have to waste time on paperwork and litigation. This will save their nerves, money and time.
• the culprit of the incident can achieve favorable installment payments.

However, before signing the document, it is necessary to assess the situation from all sides. Since there are negative points:

• the culprit of the accident takes responsibility for the accident and is obliged to pay the agreed amount;
• the injured party risks not receiving compensation if the document is drawn up incorrectly.

For greater confidence, car owners can have the concluded agreement certified by a notary office.

What does it represent?

A settlement agreement in case of an accident is a document in which the culprit of the accident voluntarily assumes the obligation to pay material damage to the victim. Thus, this is an agreement between the culprit and the victim, which is drawn up at the scene of the incident.

Basically, insurance companies do not pay the entire amount required to repair the car, but a part of it. In this case, the culprit, in accordance with the agreement, can pay the missing amount.

What to do if the person responsible for the accident does not admit guilt? You can read the answer to this question in this article.

When to write a pre-trial agreement

You can draw up an agreement before the trial:

• immediately after the accident , if it is clear that this option for obtaining compensation is the best;
• by mutual agreement some time after the incident , for example, when it becomes clear that the payment from the insurance company is not enough or the victim demands compensation for moral damage;
• after filing a pre-trial claim against the culprit.

Usually, if the culprit does not agree to compensate for the damage after presenting a pre-trial claim, the victim reasonably files a claim in court, and it is already possible to conclude, even before the first court hearing, only a settlement agreement, the decision on which will be made by the judge.

Settlement agreement on compensation for damages in case of an accident before trial: why is it necessary and how to draw up a sample

A contract for compensation for damages in an accident is usually drawn up immediately after the accident, but there are exceptions. The document, by mutual agreement of the parties, can be signed later, when it is clear that the insurance does not cover all the damage. Or if the victim needs a little time to make a decision.

For example, about claiming from the culprit of an accident not only material, but also moral damage. A settlement agreement can be drawn up after a pre-trial claim has been sent to the culprit of the road accident. This will completely avoid litigation.

A sample agreement regarding compensation for damage received in an accident can be found at the link at the end of the article. This document is compiled freely, but must still contain a number of mandatory details and information blocks:

1. At the beginning of the document, after its name (“Agreement on compensation for damage in case of an accident”), the location of the accident (city) and the date of drawing up the agreement are indicated;
2. Next, the very fact of agreement between the participants in the accident is recorded. Their surnames, initials, and passport details are indicated. It is also possible to indicate the personal data of witnesses to the accident who can confirm the fact of the accident and the writing of a document by mutual consent;
3. First of all, the circumstances of the accident are presented by the culprit, and he must admit his guilt. You should also indicate the brands of cars involved in the accident and their state registration plates;
4. The next part of the agreement is determining the amount of compensation. This can be not only material and moral damage, but also harm caused to health. If the participants in the accident cannot determine the amount of damage themselves, then it is worth turning to the services of independent appraisers;
5. Next, the culprit of the accident expresses his agreement to pay for the damage caused, the amount of which was indicated in the previous paragraph. The exact amount that he transfers to the injured party is also indicated;
6. A separate paragraph can indicate the personal data of the person who will be reimbursed for the costs of drawing up a settlement agreement (including payment for the services of a notary office or services for assessing the amount of damage caused). This is done if a third party was involved in drawing up the agreement;
7. At the end of the document, the number of copies of the agreement is indicated, as well as the personal data of the people to whom these copies were transferred.

The agreement is signed by both parties. At the same time, the document itself can also describe the procedure for compensation for material damage, including the procedure for paying damages in installments. A deadline must be indicated by which all damage must be fully repaid.

The settlement agreement does not have to be certified by a notary, but this procedure will help make the deal more legal. For example, when checking a document, a notary will definitely point out errors in its preparation and force them to be corrected.

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After drawing up an agreement, the culprit of the road accident, who agrees to compensate for the damage, also signs a receipt for the transfer of a specific amount of money to the injured party. And the injured participant in the accident certifies that he received this amount and has no further claims against the culprit of the accident.

Many Russian citizens often do not realize that moral damage can be compensated. According to Article 1099 of the Civil Code of the Russian Federation, moral damage is compensated to a person, regardless of the damage caused to property.

First you need to understand what this concept is.

This is the suffering endured by the victim or his relatives, who constantly accompany the person or his family members due to the inability to fully move or take part in the life of their family.

Citizens are often interested in what is included in moral damages in an accident.

• pain resulting from injury;
• job loss due to activity restrictions;
• loss of loved ones;
• temporary or permanent infringement of rights;
• temporary or permanent decrease in physical activity;
• experiences that arise as a result of harm to health.

Remember: treatment for injuries sustained as a result of an accident does not constitute compensation for moral damages.

When drawing up an agreement between the parties to the accident, you need to adhere to a certain structure of the document:

• At the top of the document its name is written;
• A little lower, after the name, the date of compilation is placed on the right, and on the left – the name of the city or locality in which the incident occurred;
• Below, after the date and city, the full name and passport details of the culprit are indicated, and then the same details of the victim;
• Information about participants' vehicles: Car brand;
• Model;
• Year of issue;
• Engine number;
• Chassis number;
• Body number;
• Color;
• Vehicle passport;

In what cases is it compiled?

Most often, settlement agreements are not required, since insurance companies take on the burden of paying compensation for the harm caused to the other party. A prerequisite is that all payments are made within the framework of the signed contract under MTPL.

There are a number of cases when the injured party will be denied insurance payment.

Let's list them:

• the driver who caused the emergency does not have a driver's license;
• The insurance payment does not cover damage resulting from an accident. For example, a citizen decided to recover the amount of compensation for moral damage caused to him (this payment is not guaranteed by compulsory motor liability insurance);
• the amount of damage received does not cover the maximum amount of payments regulated by law;
• the situation that caused the damage received does not apply to insured events, i.e. it is not included in the MTPL insurance contract.

If minor damage occurs, a settlement agreement can save the day of the traffic violator. In this case, you do not have to contact the Insurer for compensation, and the person at fault will retain the accumulated bonuses for accident-free driving.

Compensation for moral damage: trends in Russian judicial practice

Insured compensation cases involve only material damage and harm to health.

Description of the harm, collection of supporting documents In the claim, much attention should be paid to the description of the harm that was caused to you.

So, be sure to refer to the fact that the person who is the defendant in your claim was recognized as the culprit of the accident, and also indicate the details of the road service certificate confirming this.

For example, when the Sverdlovsk Regional Court issued an appeal ruling dated November 8, 2016 in case No. 33-19518/2016 on the collection of funds under a loan agreement, the applicant was granted satisfaction of the requirements.

The basis for the court's decision was the fact that the plaintiff presented, as evidence of the existence of a borrowing relationship, receipts indicating the defendant's acceptance of obligations to compensate for damage caused as a result of the accident.

property damage; harm to health; harm to life (death); moral harm, that is, physical and mental suffering of the victim.

Each of these cases has its own nuances when obtaining compensation. It is divided into two types - damage and destruction.

In the first case, expenses for repairs, expenses for transportation, storage, etc. are subject to compensation. If property is destroyed, the victim can claim compensation for the value that was relevant on the day of the accident. To prove the fact of property damage, the victim must submit relevant documents.

A certificate of the fact of an accident issued by a traffic police officer.

If the liability of the vehicle owner was insured under a voluntary insurance agreement, then the victim can additionally contact the insurance company with which such an agreement was concluded.

And here the amount of payment is not limited by law. But all the material claims of the victim must be in one way or another related to the harm caused in the accident.

If the car owner has an MTPL policy, then to compensate for the damage, you can contact not only the owner of the source of increased danger, but also the insurance company.

In accordance with the terms of the MTPL agreement, the insurer is obliged to pay the amount of insurance payments to the victim in a road accident.

In order to contact an insurance company, you should know its name and insurance contract number. The driver of the vehicle must provide this information to the participants in the traffic accident.

The IC law provides a thirty-day period for consideration of the victim’s application, during which one of two decisions must be made: to make payments in a certain amount or to refuse to pay the funds.

If the insurance company, having decided to pay, delays the transfer of funds to the victim’s account, then it will be obliged to pay a penalty for each day of delay.

It should be borne in mind that the amount of money that a victim can count on when applying to an insurance company for an insurance payment is limited by law and its size directly depends on the type of damage caused.

In addition to compulsory insurance, the owner of a vehicle may also have a voluntary insurance policy. In this case, the victim has the right to contact the insurance company with which the owner of the car has concluded such an agreement.

With voluntary insurance, the amount of payments can be significantly higher than with liability insurance under compulsory motor liability insurance.

If the amounts paid under insurance contracts are not enough to cover the damage caused, then the victim has the right to go to court to recover such funds from the owner of the vehicle.

It happens that the owner of the vehicle did not insure his liability, or the driver fled the scene of the accident and could not be identified. What to do in this case?

To receive compensation payments, the victim must submit an appropriate application and the necessary documents to the Russian Union of Auto Insurers. This organization unites all insurance companies in the field of compulsory motor liability insurance.

The victim also retains the right to file a claim in court against the driver or owner of the vehicle if their data is known to him.

Despite the fact that the trial requires considerable time, only through the court will the victim be able to obtain recovery of the damage caused and compensation for moral damage in full.

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If we limit ourselves to insurance payments, they will not cover all the expenses incurred, and in addition, payment of funds to compensate for moral damage caused is not provided.

Therefore, the victim goes to court with a claim against the person responsible for the accident in order to recover the difference between insurance payments and actual damage.

The statement of claim must contain legal justification and documentary evidence of the damage caused. The jurisdiction of cases in this category depends on the harm caused.

Thus, if, as a result of a traffic accident, damage or destruction of a pedestrian’s property occurs, then the claim should be addressed to the place of registration of the owner of the source of increased danger.

If an accident causes harm to the health or life of a pedestrian, the plaintiff has the right to choose: to file a claim at his place of registration or at the place of residence of the owner of the vehicle. This is provided for by Part 5 of Article 29 of the Civil Procedure Code of the Russian Federation.

It should be borne in mind that if the owner of the vehicle does not have an insurance policy, a statement of claim to recover the damage caused is filed in court according to the general rules.

It happens that for some reason the victim does not contact the insurance company of the person responsible for the accident, but immediately files a claim in court and brings the owner of the vehicle as a defendant.

In this case, the owner of the car, who has an MTPL insurance policy, must report the claim to the insurance company and involve it in participating in the case on the basis of paragraph 2 of Article 11 of the Federal Law on MTPL.

This is the suffering endured by the victim or his relatives, who constantly accompany the person or his family members due to the inability to fully move or take part in the life of their family. Citizens are often interested in what is included in moral damages in an accident.

1. the fact of physical or mental suffering as a result of an accident;
2. how they were caused (actions/inactions);
3. the degree of guilt of the defendant;
4. what kind of suffering the victim suffered;
5. how much compensation for moral damage is estimated to the victim;
6. other issues that affect the decision in the dispute.

In practice, collecting all the necessary evidence is quite difficult, but still possible. It is recommended that immediately after the accident you remember to record every problem that arose due to the accident and all subsequent events.

The amount of compensation, in principle, is not regulated by law and is determined by the victim at his own discretion, depending on what harm was caused to health, how guilty the defendant was and other circumstances. Despite the absence of legally justified restrictions, in practice the amount of compensation requested for moral damages should be determined within reasonable limits depending on the financial viability of the perpetrator. Today, according to judicial practice, compensation for moral damage caused as a result of an accident is approximately (in rubles):

• for minor damage – 3-20 thousand.
• for damage of moderate severity - 20-50 thousand.
• for causing serious harm – 50-100 thousand.

Or read THIS article about what to do if the insurance company paid out too little. Who compensates for moral damages in the event of an accident?

• 4. How to recover moral damages?
• 5. Who is recognized as the owner of a source of increased danger?
• 6. What evidence do you need to provide if you were injured in an accident?
• 7. Where can I obtain documents substantiating claims for moral damages?
• 8. Can moral damages be recovered if the victim himself is the culprit of the accident (pedestrian)?
• 9. Is a state fee paid when filing a claim for recovery of moral damage caused by an accident?
• 10. In what amount do courts recover moral damages in case of an accident?
• 11.

Be sure to attach documents for each item so that your words are not unfounded. Attach cash receipts, receipts for payment of services, concluded contracts and other supporting documents. As for moral harm, be sure to describe the fact of moral torment and experiences in as much detail as possible.

Statute of limitations Lawyers note that the statute of limitations for a claim is 3 years. How can the culprit reduce payments? After the driver has received a court decision on the need to compensate the victim for moral damage, he can appeal this decision. Objections are processed within about 10 days. The appeal paper must contain quotes from the decision with which the driver does not agree. An appeal can also be filed in the following cases:

• the motorist does not agree to plead guilty, either fully or partially;
• the information contained in the claim is untrue;
• The claims made in the lawsuit are legally incorrect.

You can study the sample appeal of a claim in more detail in the attached file: Objection to a claim for moral damage. Also remember that filing an appeal against a claim will help reduce the amount of compensation.

No. 0002041 dated December 3, 2014 (attached a copy) the cost of restoration of a Peugeot 407 car, state registration license plate C 826 VU/150 is: taking into account the wear of spare parts: 218245.86 rubles; excluding wear and tear - 363,743.11 rubles.

If there is a collision with a pedestrian

When an accident occurs with a pedestrian, firstly, as a rule, severe injuries occur, and secondly, the owner of the vehicle is obliged to compensate him for the damage regardless of his fault, so very often it is necessary to write a settlement agreement for an accident with a pedestrian.

And when the at-fault driver faces liability for causing harm to health, voluntary pre-trial compensation, formalized in this way, will become a real argument for mitigating the punishment. A sample agreement drawn up when a pedestrian is injured is available for download here.

When an accident occurs due to the fault of a pedestrian, he, as the person causing the harm, must pay for the repair of the car, although the driver will be compensated for the damage to his health. And since the liability of pedestrians is not insured, you can only get money for repairs from the culprit pedestrian, having formalized the agreement as an agreement on compensation for damage.

Pre-trial procedure for compensation for moral damage as a result of an accident

property (and/or health) of the Victim in the amount of _____ (_______________) rubles. 1.4. The victim has the right to compensation in excess of damages in the amount of _____ (_______________) rubles. 2.1. The responsible person compensates the Victim for damage in the amount of _____ (_______________) rubles.

2.2. Payment terms: - first installment in the amount of _____ (_______________) rub. payable by “__”__________ ____; — the remaining amount in the amount of _____ (_______________) rub.

payable by "__"__________ ____ 2.3. Compensation in excess of damages in the amount of _____ (______________) rub. payable by the Responsible Person to the Victim by “__”__________ ____.

1 tbsp. 16 of the Law on Compulsory Motor Liability Insurance. The claim against the insurer is sent to the address of the location of him or his representative. The period for consideration of a claim in accordance with paragraph.