Nowadays, more and more car owners have claims against insurance companies that delay payments or become bankrupt. All such situations are resolved in court, and the deceived car owners must do the following:
Instruction manual
1
After 31 days from the date of submission of the documents, if payments have not been made, write a pre-trial claim to the insurance company, while sending a copy of the claim to the Insurance Supervision in your insurance district.
2
Before suing the insurance company, prepare all the necessary documents that you will need for litigation with the insurance company: - insurance contract (insurance policy);
- a copy of the claim, or other statements that you filed with the insurance company;
- copies of all available documents that were issued to you by the traffic police in the process of documenting accidents;
- Originals and copies of documents on registration of your vehicle;
- The expert’s opinion on the cost of repairing your car, and if the repair has already been made, attach to the package of documents copies and originals of invoices and acts on the cost of restoration.
3
Use the services of an experienced lawyer, which will save your time and nerves - the cost of a lawyer, in case your claim is satisfied, is paid in full by the insurance company.
4
Now you can sue the insurance company. Make a statement of claim to the court, having pre-paid the state duty and attaching copies of these documents to the application. If the company makes payments before the trial, the pre-filed claim will serve as the basis for the recovery of the penalty, compensation of the state duty and the costs of the services of a lawyer, and if some of these documents are in the insurance company, and you did not manage to make copies of them, make a note about it in the statement of claim;
5
Demand the payment of a penalty - this is your inalienable right, in case of delay in payment, and on the basis of Art. 395 of the Civil Code of the Russian Federation, regarded as the use of other people's money.
