How to file a pre-trial claim against the culprit of an accident without compulsory motor liability insurance

Which court should you file for an accident in 2021?

Jurisdiction of cases depends on a number of factors. This article will discuss 3 types of them:

1. administrative cases - when you appeal guilt in an accident or other circumstances directly related to the imposed punishment,
2. civil – when you sue the person responsible for the accident for compensation for damages,
3. and another subtype of civil cases - when applying to the court under compulsory motor liability insurance, the difference here is that the law on the protection of consumer rights works.

But that's not all! In 2021, where to file a lawsuit depends on a number of factors that influence where to go:

• Some cases of road accidents are considered in the magistrate’s court, others in district or city courts, and still others in the Supreme Court,
• you also need to understand whether it is necessary to file a lawsuit at the address of the plaintiff or defendant,
• sometimes the jurisdiction of administrative, civil or criminal cases differs.

Well, in any case, you need to know the address of the specific site where you need to go. But don't worry if you're already confused. Below we will present everything in an accessible, consistent form, and you will find your situation and understand the jurisdiction of your particular case.

So, let's begin!

Compilation rules

Despite the fact that there is no strict form of the sample, the document must be drawn up correctly.
The completed claim should be sent by registered mail to the culprit at the place of residence with notification. The document must be accompanied by a report on the amount of damage received from an independent expert. It is important to note that the injured party must make the assessment at their own expense. Based on the results of the examination and receipt of the report, you will need to save the payment receipt and the agreement. The costs for the services of an independent expert can then be recovered from the culprit.

Let's consider how to write a claim against the culprit of the accident yourself in order to be guaranteed to receive payment.

Based on the results of filling out, the victim should indicate the review period, date, full name and signature. After this, the document is ready to be sent.

We invite you to read: A victim in an accident demands compensation from the culprit of the accident, what to do

Terms of consideration

It is important to note that the law does not establish a time limit for considering a claim to the culprit of an accident without a valid MTPL form. The only thing it says is that it must be considered within reasonable limits.

As a result of this, the maximum period within which the response must be sent should be specified in the document. However, there is no need to rush the culprit and give him several days. Experienced lawyers recommend specifying a period of 5 to 10 business days.

If, after the specified period, no response is received, or the culprit refuses to pay compensation, then you should go to court. To do this, you will need to fill out a legal claim. It differs from the one discussed above only in the header, which indicates the details of the court to which the document is being submitted.

In practice, the court takes the side of the injured party and obliges to compensate for the losses caused within a period of no more than 30 days.

It turns out that the party injured in an accident is obliged to defend its rights. If the culprit refuses to voluntarily pay money for the damage caused, then a pre-trial claim is filed against him.

The document specifies the details of each party, information about the damaged vehicle, the amount of damage and claims. If you receive a refusal, all you have to do is go to court.

There are no fundamental differences in drawing up a pre-trial claim if the person at fault for the accident has a compulsory motor liability insurance policy or if there is no insurance. The only difference is that information from the insurance company of the person responsible for the accident is attached to the general package of documents. If a compulsory motor liability insurance policy has not been issued, the opinion of an independent expert assessing the damage caused will be quite sufficient.

Let's consider the fundamental points that it is advisable for a victim in an accident to indicate when drawing up a pre-trial claim:

We invite you to familiarize yourself with: Ready-made application form for termination of the MTPL agreement - sample and rules for writing the document

If the person at fault for the accident categorically refuses to pay compensation out of court, you will have to file a claim in court. In terms of the form of preparation, it is not fundamentally different from a pre-trial claim, but it is better not to delay its filing, so as not to miss the statute of limitations.

Is it possible to contact the Supreme Commander directly?

When it comes to disputes after an accident, it will almost never be possible to immediately go to the Supreme Court. Please note that in general there are 2 types of authorities:

• regional central courts (for example, the Supreme Court of the Republic of Tatarstan),
• directly the Supreme Court of the Russian Federation - it is already the only one.

So, you will not be able to file a claim with the RF Armed Forces without first going through the lower authorities. This is true because the Supreme Commander, in accordance with Federal Law No. 3-FKZ, exercises a supervisory function. As exceptions, according to the same link in paragraphs 5-6 of Article 2 of this law, the court can also be the first instance, but this is practically excluded if we are talking about disputes specifically over road accidents.

The situation is approximately the same even with the higher courts of the constituent entities of Russia. You can file a claim with them immediately only after decisions of foreign courts; it considers cases of state secrets. As we can see, none of these cases are related to road accidents.

What can be demanded from the culprit of an accident when drawing up a pre-trial claim?

Harm that was caused to the person or property of a citizen or legal entity must be fully compensated by the culprit of the incident (Article 1064 of the Civil Code of the Russian Federation). All damage associated with an accident is subject to compensation. In a pre-trial claim against the person responsible for the accident, you can include all expenses that could not be covered with the help of compulsory motor liability insurance. It is allowed to demand reimbursement of costs for carrying out examinations, towing, etc.

If the owner of the vehicle caused harm to persons who at the time of the incident were not drivers of other cars (they were pedestrians), the damage to the pedestrian citizen is subject to compensation, regardless of who is at fault for causing the accident. An example is a situation where a driver hit a pedestrian who ran onto the road in the wrong place (Article 1079 of the Civil Code of the Russian Federation).

The exception is cases in which the harm occurred due to the intent of the injured pedestrian or force majeure (Article 1079 of the Civil Code of the Russian Federation). However, the culprit of the accident, in turn, is obliged to compensate for the damage caused to the vehicle. The rule follows from the provisions of Article 1064 of the Civil Code of the Russian Federation.

If the culprit has a compulsory motor liability insurance policy, the insurance company will compensate for the damage. The process is carried out in accordance with the norms of Federal Law No. 40 “On compulsory motor third-party liability insurance” dated April 25, 2002. However, refunds are limited. It amounts to 400,000 rubles. in situations where only property was damaged, and increases to 500,000 rubles if damage is also caused to the life and health of people. When the limits are exceeded, the remaining amount can be claimed from the culprit of the accident by drawing up a pre-trial claim against the culprit of the accident.

What happens if I make a mistake in choosing a court?

Actually, it's no big deal. But you will lose time and, possibly, the cost of the state duty, since the latter is paid to a specific authority. Therefore, if you pay to the wrong court, you will have to pay again to the correct one. But what you paid by mistake can be returned. But this, again, is time.

The above applies to civil cases: under compulsory motor liability insurance, when suing the culprit for damages and compensation for moral damage. As for administrative cases, they can be forwarded to the desired court within its jurisdiction.

Statute of limitations for drawing up

Article 196 of the Civil Code of the Russian Federation states that the general limitation period is 3 years. During this period of time, after the traffic accident has been registered by the traffic police, the person has the right to demand payment from the insurance company. A similar period is established for claiming compensation from the perpetrator of the incident. Consequently, within three years it is possible to file a pre-trial claim against the culprit of the accident.

However, the rule applies if we are talking about compensation for damage caused only to property. When life and health have been damaged, there is no limitation period for filing a pre-trial claim. This means that a citizen has the right to seek compensation from the person responsible for the accident within any period of time. This state of affairs can help if the culprit of the accident disappeared and was discovered several years later. The insurer is still liable only for 3 years.

If you apply to an insurance company under OSAGO

If we are talking about disputes over an insured event in case of an accident, then the law on the protection of consumer rights – paragraph 2 of article 16.1 of the law on compulsory motor liability insurance (MTPL) – applies fully here. And this imposes certain conditions on jurisdiction. We are talking about the following cases:

• where to sue the MTPL insurance company if you have been denied compensation for one of the reasons,
• if you weren't paid enough,
• on other issues, when the defendant is the insurance company.

The fact that disputes under compulsory motor liability insurance are covered by the consumer protection law means, first of all, that you can sue the insurance company at your place of residence in case of an accident. This is the main difference between the general norm of legislation in 2021, when a claim is filed at the defendant’s place of residence.

But you need to go to the magistrates or district court, depending on the amount of the claim. And this is regulated by Article 23 of the Code of Civil Procedure of the Russian Federation.

• If the disputed amount of the claim is less than 100 thousand rubles, then you need to file it with the magistrate court at your address.
• If it exceeds this limit, then you need to go to the district court - also according to your residence.

But don’t rush to find the address of the desired court. Firstly, below we will tell you how to find it correctly. Secondly, in the case of insurers, a whole series of stages is necessary to attempt a pre-trial settlement of the dispute.

Will my claim be accepted in court?

Article 16.1, which we have already indicated above, regulates the procedure for pre-trial proceedings under compulsory motor liability insurance. It is she who establishes that before you file a claim, you must go through 2 steps:

1. write a statement of disagreement to the insurance company (this is not the same statement that you submitted for compensation immediately after the accident),
2. If this application is not satisfied, then contact the financial ombudsman.

We talked about this in more detail in our special article about the illegality of refusal or insufficient payments under compulsory motor liability insurance.

Thus, without the obligatory contact first with the insurance company and then with the finance company, your claim from the court will simply be returned without consideration.

Where to send a pre-trial claim?

The injured party can send the compiled pre-trial claim to its opponent in the following ways:

• by post;
• courier service;
• hand over personally.

The post office and courier must indicate the date and time of receipt of the letter by the addressee. But the third method is the most preferable, since the actual receipt of claims related to compensation for damage in an accident is accurately confirmed.

The victim of an accident should pay attention to the deadlines for drawing up a pre-trial claim. In cases involving compensation for material damage, they are limited by the Federal Law “On Compulsory Motor Liability Insurance”. It is not recommended to delay making demands without a good reason.

If a claim is made against the culprit of the accident for damages

In this case, you must contact the defendant’s registered address. But whether the magistrate or district court will consider the case also depends on the amount you request in the claim. However, the limit here is slightly different than in disputes under compulsory motor liability insurance:

• if the cost of the claim is less than 50,000 rubles, then the culprit of the accident must be filed in the magistrate’s court,
• If you claim more than this amount, then the district court must hear the case.

Please note that the specified threshold of 50 thousand includes the full amount of the claim, including damages itself, as well as moral damages, legal costs and other expenses.

If the claim is for damage to health and moral, as well as in case of a fatal accident

Everything here is the same as we described above about the culprit of the accident, including the amount of the claim. You apply either to the magistrates' court or to the district court at the defendant's residence address.

The only difference in this situation is that civil proceedings in cases of serious harm to health or death of victims are considered after the criminal case. That is, only when the guilt of the person who violated the traffic rules is fully proven and established, can a lawsuit be filed against the culprit.

Important note!

• This article describes the basic principles of how legislation works. Meanwhile, in judicial practice everything depends on specific circumstances.
• In 96% of all cases there are subtleties that can affect the outcome of the entire case.
• Therefore, we recommend entrusting the matter to professionals who will study your business and select the right winning strategy.

The TonkostiDTP website employs professional road accident lawyers with experience in all major types of disputes (MTPL, guilt, administrative penalties).

Ask a lawyer

or get a free consultation by calling the hotline: 8.

If the culprit is a legal entity

Let us immediately rule out a possible mistake - in principle, a legal entity cannot be the culprit of an accident. Only the driver is considered to be at fault (in the context of a traffic accident, of course). And only a car can belong to a legal entity.

In this case, the claims of the injured driver are sent to the insurance company if there is a valid MTPL policy. If the culprit did not have insurance, then this is where the differences emerge. The fact is that in this case the organization must be sued (Article 1068 of the Civil Code of the Russian Federation).

A claim should also be filed against a legal entity at its location address. You can get it if you know the organization’s tax identification number (it should definitely be in the road accident documents) through the Tax Inspectorate website. But if the organization has branches, you can already choose where to file a complaint - your choice of jurisdiction at the main address of registration of the legal entity or any of its branches.

The only case when a claim will need to be filed against the driver who caused the accident is if he was not performing official duties during the ill-fated trip, but was going about his business. This must also be indicated in the documents about the accident in the traffic police (in the driver’s explanations). If you have not seen them, you can contact the traffic police department that registered the accident and request them on the basis of Article 25.2 (Part 2) of the Code of Administrative Offenses of the Russian Federation.

Also, in any case, a claim is filed against the driver if he is an individual entrepreneur and used the car for personal needs.

How to file a claim against the person at fault for an accident?

The claim must be made in simple written form. The more fully and competently the claim is written, the higher the chances of satisfaction of the requirements.

Conventionally, the claim can be divided into several parts.

1. Indication of the person or organization to which you are sending the claim . If the cause of harm is an individual, then it is necessary to indicate his last name, initials (or first name and patronymic), known address of registration and (or) residence
2. Description of the accident . Indicate the date when the accident occurred. Reflect the scene of the incident as completely as possible: indicating the city, street, intersection of streets (if possible, determine the address). List the license plates of the cars involved in the accident, the known names of drivers and witnesses. Specify the cause of the accident. Describe the damage, if physical damage was caused - list the injuries and indicate their nature and extent
3. Requirement . In this part, you must indicate how much damage you are seeking compensation for. Explanation - what costs incurred make up this amount. This amount must be justified and confirmed. The claim may include not only compensation for repairs, but also tow truck services and other expenses. The claim for compensation for moral damage must also be reflected in monetary terms and justified. We also recommend indicating the legal norms on which these requirements are based.
4. Indicate your contact information and the method of compensation acceptable to you . If the culprit of the incident agrees to a pre-trial settlement, he will contact you using the method you specified.
5. Be sure to indicate the date the claim was filed.

USEFUL : a claim is a business document, so there is no need to use emotionally charged words or curse words. You can also order a claim from our law firm “Katsailidi and Partners”, watch the video with additional tips

To appeal guilt in an accident

Actually, everything we discussed above are civil cases. However, at the beginning of the article we indicated that there are also administrative ones. These are the ones that are considered within the framework of administrative proceedings - when appealing a decision made against you.

You can challenge guilt in an accident in the district or city court at the place where the violation charged to you was committed. Here we are talking specifically about filing a complaint against a decision made against you.

Moreover, you need to file a lawsuit at the exact place where the crime was committed, and not at the location of the traffic police department or the magistrate’s court that issued the decision. This is what the Supreme Court indicated in its old Resolution of the Plenum No. 5 (paragraph 30).

If we are talking about mutual guilt, and you want to file a lawsuit to determine the degree of guilt of each of the participants, then you should also contact the district court at the place where the violation was committed. But this will be a civil lawsuit, not an administrative one.

If the insurance company legally refuses to pay

The incident may be considered a non-insurable event. When deciding whether to provide payment or not, the insurer must be guided by the provisions of Article 6 of Federal Law No. 40 of April 25, 2002. If the incident does not fall into the list of risks subject to compensation, the insurer has the right to refuse payment.

However, if the damage actually occurred, the amount can be recovered from the culprit of the incident (Article 1064 of the Civil Code of the Russian Federation). To file a pre-trial claim against the culprit of an accident, you will need:

1. Prepare a package of documents.
2. File a claim following the technical rules.
3. Send the paper to the person responsible for the incident and wait for a response.

claims can be made here.

Where to go for an appeal?

In general cases, each appeal of a judge's ruling or decision must be submitted to the next higher court:

• on the decision of the magistrate's court - to the district,
• district - to the Supreme subject,
• The Supreme Subject - to the cassation or Supreme Russian Federation.

This applies to both administrative and civil proceedings. You need to choose a court at the place where the violation was committed or one that is subordinate to a lower court.

Response of the person responsible for the accident to the pre-trial claim

If a pre-trial claim is made, you need to take it seriously. It is important to understand the current situation and take into account all the risks. After this you can do the following:

• satisfy the victim's demands;
• leave the pre-trial claim unattended;
• express your disagreement with the requirements by preparing a response or response to the claim.

If the last option is chosen, the response to the pre-trial claim is prepared in free form. It is important to follow standard office procedures. Information is recorded in the most substantiated manner. Each argument must be supported by references to legal acts.

The header of the response to the claim records information about the person to whose address the paper is sent. The response must contain the full name of the victim, his address indicated in the complaint or on the envelope. If the opponent personally submitted a claim, it is recommended to check the details reflected in the paper with the passport.

How can I find out the court's address?

So, after reading the above, you have found out which court you need to file after an accident. Now all that remains is to find the desired site or authority.

This can be done on the official portal of GAS Justice. To do this, first select on the main page whether you will file a claim in the magistrate or district court:

And then by selecting the region and entering the name of your locality, you can find the judicial district or court of general jurisdiction you need:

Review period

The law does not say within what period the opponent is obliged to respond. The person himself sets the period by specifying it in the pre-trial claim. The deadline must be adequate. The period varies from 10 to 30 days. The period begins to be calculated from the moment the claim is received by the citizen to whom it is presented. That is why it is necessary to have a document confirming the date. If it is not possible to reach an agreement within the specified period, an appeal to the court is permissible.

If the court is in another city, will my travel expenses be reimbursed?

Above, we pointed out that a claim against the culprit of an accident - for example, if he did not have compulsory motor liability insurance - must be filed at his place of residence. But what if the accident happened in another city? Sorry, but you'll have to go there.

But as for the costs due to this fact, the situation here is ambiguous. Yes, since the costs in this case are directly related to the protection of your rights, they must be compensated. Another thing is that not all courts satisfy them. And not all judges satisfy the cost of fuel for a car, pointing out that you could go to another city by public transport, and it would cost less.

For example, in one of these decisions the plaintiff demanded 1,000 rubles as expenses for the trip. But the court awarded only 320 rubles.

But the Supreme Court clarified that transportation costs must be reimbursed in any case, but within reasonable limits.

How much can you demand from the person responsible for the accident?

In accordance with the decision of the Constitutional Court No. 64 of February 14, 2021, damages can be recovered from the culprit of an accident without taking into account wear and tear of parts. The body explained the rules on the basis of which the issue of the amount of insurance payments for the restoration of a vehicle after an accident is decided.

When calculating compensation, the insurance company is guided by the regulation of the Central Bank of the Russian Federation on a unified methodology for calculating damage under compulsory motor liability insurance dated September 15, 2014. Associated with it are the rules for conducting independent examinations and a unified price base for spare parts for cars. The company takes depreciation into account during the calculation process. So, if the cost of repairs is 200,000 rubles, the institution can pay significantly less. The remainder can be recovered from the person responsible for the accident through the court.

In a pre-trial claim against the culprit of an accident, you can demand the provision of funds to compensate for all costs not covered by compulsory motor liability insurance that arose as a result of the accident.

If the person at fault for the accident does not agree with the pre-trial claim, the judge determines the exact amount. He may reduce compensation.

When can you choose which court to file a claim in?

As a conclusion to the above, we also provide, as additional information, a list of cases when you can choose the court yourself.

• In case of disputes regarding compulsory motor liability insurance with an insurance company, you have the right to go to court both at your place of residence and at the location of the insurer (branch in your city).
• Also, if there are several culprits and they live in different places, then you can choose for yourself and, depending on the jurisdiction of any of the culprits, contact the closest authority.
• If the statement of claim concerns injury or loss of a breadwinner, then you can also sue the culprit directly at your place of residence.

All these and other subtleties of choosing an instance are established in 2021 by Article 29 of the Code of Civil Procedure of the Russian Federation.

Drawing up a pre-trial claim if the damage is more than what is compensated under compulsory motor liability insurance

Article 1064 of the Civil Code of the Russian Federation states that harm caused to the person or property of a citizen is subject to compensation. Usually the amount is reimbursed under compulsory motor liability insurance. However, Article 7 of Federal Law No. 40 of April 25, 2002 provides restrictions on maximum payments. If only property was damaged, compensation cannot exceed 400,000 rubles. When harm is caused to human life and health, the limit increases to 500,000 rubles. If the damage was more than the maximum amount, and the citizen received a payment from the insurance company, but wants to recover the balance from the culprit of the incident, he will need to proceed according to the following scheme:

1. Prepare documents The legislation does not regulate the list, but usually the list includes papers about the accident, documentation from the insurance company about the occurrence of the insured event and the amount of payment, and the result of an examination confirming the amount of damage. The list may change depending on the specifics of the situation.
2. Prepare a pre-trial claim against the person responsible for the accident. The paper must be drawn up according to the classical scheme presented above.
3. Submit a claim and wait for a response. The exact period of consideration is not specified in the legislation.

If the citizen is not satisfied with the answer, or the other participant in the incident did not provide it, an appeal is made to the court.

claims can be made here.

Will an independent review be required?

This depends on the specific circumstances of the case and the availability of calculations without such an examination.

So, in the case of filing a lawsuit against an insurer under compulsory motor liability insurance, you are unlikely to need an examination. Because it is already in the case file. If the insurance company did not count enough, then it did so on the basis of calculation. Next, you turned to the finance manager, who made his calculations. If we are talking about refusal to pay, then the financial ombudsman still carries out an examination. And this is what is being considered in court.

When filing a claim against the culprit, an independent assessment will most often be required. But if, for example, your car has already been restored, and you have all the receipts and documents about it, then they may also be suitable in court as justification for the claims. But in most cases, the judge will also oblige the expert to compensate the losing party.

Required documents

The pre-trial claim must be substantiated. Therefore, it is supplemented with a package of documents. The exact list is not specified in the legislation. When drawing up a pre-trial claim in case of an accident, the following documents are usually required:

1. Protocol and resolution, if the traffic police inspector was involved in registering the accident.
2. A technical examination report, a check confirming payment for the services of the appraiser and tow truck, and papers demonstrating the presence of other expenses.
3. Vehicle documentation. You can provide a PTS, which indicates the citizen’s last name in the “owner” column.
4. Papers from the insurance company, if you contacted it. A certificate recognizing the incident as an insured event or a document confirming refusal to perform an action may be provided. When drawing up a pre-trial claim against the person responsible for the accident, you may additionally need to agree to reimburse part of the costs, etc.

The list is not exhaustive. It is acceptable to attach other documents related to the case. You only need to provide copies of documents. Originals are not included in the list. It is recommended to have copies certified by a notary.

The pre-trial claim against the culprit of the accident must be prepared in duplicate. One of them is given to the person responsible for the incident, and the other remains with the applicant. Subsequently, the paper will be required to go to court if the person whose actions caused the accident does not recognize guilt and does not pay compensation. According to statistics, only 40% of cases are resolved pre-trial.

What after the trial?

Based on the result of the court hearing, 3 options are possible:

• your claim will be satisfied in full,
• he will be partially satisfied,
• or they will refuse.

In the first 2 cases, a writ of execution will be issued in a civil case. This, accordingly, is the enforcement of a court decision in the case - payment to you of what was awarded to you from the defendant. You can submit this sheet to 2 authorities:

• bailiffs - if you filed a lawsuit against an individual, for example, the culprit of an accident without compulsory motor liability insurance,
• to the bank in which the organization has a current account - if the defendant was a legal entity: an insurer or another.

Step-by-step instructions for drawing up a pre-trial claim in case of an accident

In order for a pre-trial claim in case of an accident to be considered, it must be drawn up correctly. The form of the document is not defined in current legislation. However, the paper must be drawn up taking into account generally accepted standards of office work. The following data is recorded in the pre-trial claim against the culprit of the accident:

1. Information about the recipient of the pre-trial claim. It is important to indicate his full name and address.
2. Information about the accident. It is required to reflect information about the incident, information about vehicles indicating license plates, full names of drivers, car owners, features of the collision, the reasons for the incident, information about insurance policies, the nature of damage and injuries, and the presence of witnesses. It is recommended to record the circumstances of the accident in as much detail as possible.
3. Justification of the put forward requirements. It is important to provide data on the compensation provided by the insurance company, as well as the actual amount of damage and calculate the difference between the values. Additionally, data on moral damage is reflected. All costs incurred as a result of the accident must be recorded. It is permissible to include in the list the amounts spent on paying for a tow truck, storing the car, etc.
4. Links to the norms of current legislation. It is important to confirm the legality of the demands put forward in a pre-trial claim against the culprit of the accident.
5. The total amount demanded from the perpetrator of the incident. Additionally, the period within which the requirements must be satisfied is indicated.
6. Requisites. The person will have to enter the data for transferring the amount, as well as indicate the method of compensation for damage from the accident.
7. Information for prompt communication with the sender of a pre-trial claim against the culprit of a traffic accident.

The paper used in pre-trial settlement is considered official. This means that the document cannot contain emotional statements, insults or profanity.

pre-trial claims can be made here.

A blank pre-trial claim form against the person responsible for the accident is presented here.

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.

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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.

Definitions of victim actions

It is also worth considering the question of the actions of the plaintiff at the time of the accident. Usually, this is done before the trial, when the decision to hold you accountable has not yet entered into force, but there is a chance to declare this in court in the case of damages.

If the gross negligence of the victim himself contributed to the occurrence or increase of harm, depending on the degree of guilt of the victim and the causer of harm, the amount of compensation should be reduced.

Article 1083 of the Civil Code Taking into account the guilt of the victim and the property status of the person who caused the harm

It is advisable to ask the expert about the speed of the cars at the time of the accident (trace examination). If the driver of the injured car exceeded the speed limit, then the court can reduce the damage in the accident, since there was gross negligence on the part of the plaintiff. This also applies to the issue of wearing a seat belt if there are victims.

Definitions of victim actions

It is also worth considering the question of the actions of the plaintiff at the time of the accident. Usually, this is done before the trial, when the decision to hold you accountable has not yet entered into force, but there is a chance to declare this in court in the case of damages.

If the gross negligence of the victim himself contributed to the occurrence or increase of harm, depending on the degree of guilt of the victim and the causer of harm, the amount of compensation should be reduced.

Article 1083 of the Civil Code Taking into account the guilt of the victim and the property status of the person who caused the harm

It is advisable to ask the expert about the speed of the cars at the time of the accident (trace examination). If the driver of the injured car exceeded the speed limit, then the court can reduce the damage in the accident, since there was gross negligence on the part of the plaintiff. This also applies to the issue of wearing a seat belt if there are victims.

CLAIM for car return

"15" August 20__ I.P.A. under the contract for the sale and purchase of a car (hereinafter referred to as the “Agreement”), purchased from LLC “T.” F.’s car, body color – light green, year 20__ (hereinafter referred to as the “Car”).

In accordance with clause 4 of the Agreement, the cost of the Car is 20__000 (One million one hundred sixty thousand) rubles 00 kopecks.

Based on the Transfer and Acceptance Certificate dated August 15, 20__. LLC "T." transferred to I.P.A. ownership of the above Car.

In accordance with the terms of clause 3 of the Agreement, as well as the technical documentation for the Car transferred to the Buyer, the warranty period for the Car is 2 (Two) years from the date of transfer, without mileage limitation. At the same time, the Seller guaranteed that the vehicle being transferred is technically sound.

The terms of this Agreement were fulfilled by the Buyer in full, namely, 100 percent of the cost of the car was paid.

In this case, the agreement complies with the requirements of Art. 454 of the Civil Code of the Russian Federation, by virtue of which, under a purchase and sale agreement, one party (seller) undertakes to transfer the thing (product) into ownership of the other party (buyer), and the buyer undertakes to accept this product and pay a certain amount of money (price) for it.

In accordance with Art. 469 of the Civil Code of the Russian Federation, the seller is obliged to transfer to the buyer goods, the quality of which corresponds to the purchase and sale agreement.

If there are no conditions in the sales contract regarding the quality of the goods, the seller is obliged to transfer to the buyer goods suitable for the purposes for which goods of this kind are usually used.

If the law or the procedure established by it provides for mandatory requirements for the quality of the goods being sold, then the seller carrying out entrepreneurial activities is obliged to transfer to the buyer goods that meet these mandatory requirements.

During the operation of the car, the Buyer discovered a malfunction of the automatic transmission: the reverse gear is disengaged, the movement occurs in jerks, and individual gears disappear. I.P.A. I have repeatedly contacted the service center with a request to eliminate the malfunctions, but a number of malfunctions have not been eliminated to date. There have been repeated calls to the seller - LLC "T." in order to eliminate the malfunction, namely:

• Application in December 20__, a malfunction of the gearbox clutch was identified, after ordering the necessary spare parts and carrying out repair work, the car was issued on 02/08/20__.
• Contacted on August 11, 20__, a gearbox malfunction was identified, the car was issued on September 5, 20__.
• Contacted on September 7, 20__, the gearbox software was updated, the car was delivered on the same day.
• Application on September 16, 20__, update of the box software, the car was issued on the same day.
• Application on September 18, 20__, replacement of the mechatronics of the gearbox, the car was issued on September 25, 20__.
• Appeal on September 27, 20__, replacement and troubleshooting of the replaced mechatronics, the car was issued on October 1, 20__.
• Application on September 05, 20__, clutch replacement, car was delivered on October 09, 20__.
• Appeal October 17, 20__, adaptation trip with the master.
• Application on October 19, 20__, replacement of the gearbox and clutch assembly, software update, adaptation trips, the car was issued on October 23, 20__.
• Contact June 17, 20__, transmission diagnostics, software reinstallation.

After all these calls, the fault has not been fixed; the gearbox is currently faulty, which precludes the possibility of normal operation of the vehicle.

I believe that the quality of the Car does not correspond to the purchase and sale agreement.

According to Art. 4 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the seller is obliged to sell to the consumer a product that meets the quality requirements of the mandatory standards, the terms of the contract usually presented, as well as information about the goods.

In accordance with Art. 18 of the mentioned Law, the consumer, in the event of detection of defects in the product, if they were not specified by the seller, at his choice has the right, including:

• refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the defective product.

In this case, the consumer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are compensated within the time limits established by this Law to satisfy the relevant consumer requirements.

In relation to a technically complex product, if defects are discovered in it, the consumer has the right to refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for such a product, or make a demand for its replacement with a product of the same brand (model, article) or the same product another brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer. After this period, these requirements must be satisfied in one of the following cases:

• detection of a significant defect in the product;
• violation of the deadlines established by law for eliminating product defects;
• the impossibility of using the product during each year of the warranty period in total for more than thirty days due to repeated elimination of its various deficiencies.

I believe that due to the inadequate quality of the produced Car, I.P.A. deprived of the opportunity to use the vehicle due to repeated elimination of its various significant deficiencies, violation of the deadlines established by the Law for eliminating defects of the product, impossibility of using the product during each year of the warranty period in the aggregate of more than thirty days due to repeated elimination of its various deficiencies, as well as failure to eliminate the above significant defects shortcomings to date.

Thus, since a Car of inadequate quality was sold to the Buyer, in accordance with the norms of current legislation, the Buyer has the right to demand termination of the sales contract, return of the car to the Seller, and to the Buyer the funds in full, as well as full compensation for losses caused to me as a result of sales of goods of inadequate quality.

By the time this claim is filed, the Buyer has suffered the following losses:

• Payment of the insurance premium under the CASCO policy in the amount of 520__.74 rubles.
• Payment of the insurance premium under the CASCO policy in the amount of 57,860 rubles.
• Payment of the insurance premium under the MTPL policy in the amount of 20__4.80 rubles.
• Payment of the insurance premium under the MTPL policy in the amount of 20__4.56 rubles.
• Payment of the cost of vehicle maintenance in the amount of RUB 7,975.72.
• Payment of the cost of vehicle maintenance in the amount of RUB 20,198.08.
• Payment of the cost of vehicle maintenance in the amount of 20__4.32 rubles.

On the basis of the above,