Shaking damages from an insurance company
My first habratopik, I hope that they will read :)). And they won’t be banned :)
At the time of the financial crisis, it’s not bad to think about alternative sources of incoming cash flow. I think many people don’t go on foot and use a private car for official purposes or as a means of transportation for shopping, etc.
I myself study as a lawyer - the second highest since helps a lot in my main job.
And then one day I decided to get some legal practice, like going to the courts, sitting on a trial, is it scary, etc.
I have a personal Chevrolet Lacetti and after another trip to Nab. Chelny to my beloved mother-in-law on the left front near the front window there was a chip of paint the size of a little finger’s fingernail, in principle, nonsense, you can close your eyes, but since you decided to take the money from the insurance !!!
What to do? Traffic cops call and stand on the highway for several hours? A little pleasure with a dubious outcome, we make it easier - we call the district police department and call the district police officer to inspect the scene of the incident, so that it would not be stressful, we do this near our house at the place of actual residence. (this is how it looks on paper) But in fact, we come to the police department to find a friend of the opera or the local police officer and while sitting in the car we write the paper - like this - I arrived home 12/12/2008 at 13h, got out at 14h, the signaling went off, examined the car, found a chip , called the cops, made up the protocol. All this within 20 minutes we make right sitting in the car. Now the main thing is to get a resolution on refusing to institute criminal proceedings faster, that his headache will write operas, the main thing is that he does not write, that the case is closed at your request and that you just need to pay insurance compensation. Let him write that the damage is small and does not violate the operational characteristics of the machine and this is not damage, etc.
Now we wait five days for a decision to refuse to institute criminal proceedings, but do not forget to warn the insurance company about the insured event. We receive a decision to refuse to institute criminal proceedings and a copy of the inspection report of a dream incident.
We collect all the documents for the car, resolution, protocol and write a statement to the insurance. In principle, this should and will end - we get the payment and that’s it. But not in my case - as the boss explained to me very stubborn and loves to sue, they found fault with the wording in the decision on refusal and advised me to go to the prosecutor to rewrite it :)) As I imagined, it was even funny to me - like, but would you rather rewrite decision, comrade prosecutor.
I say, let's refuse to pay. Any strass company must provide a refusal to pay insurance compensation and copies of all documents certified by its seal so that you can go to court.
After that, it is necessary to assess the damage - we are looking for familiar valuers and agree on an assessment on Friday, but on Monday, we must notify the insurance in writing of the assessment, otherwise the assessment will be illegal. In general, the assessment should go through three business days. On the notice of assessment do not forget to put an insurance stamp on acceptance.
They assessed whether it is not important whether or not the insurance representative came, we are waiting for five days (since acquaintances are there quickly, otherwise we can wait 10 days), now we are all writing a lawsuit for insurance.
We determine where - if the amount of the claim is less than 100 tr then the court of the peace, if more than 100 tr then the district court.
In my case, the amount of the claim of 4.5 tr is ridiculous, but the matter is not the sum, we determine the area where we are filing, it is necessary to file at the location of the insurance company at its legal address. If this is a magistrate’s court, then they also have plots there, we find out the phone number by the inquiry, we call the office and specify the plot, they will always answer there, because they themselves are not interested in sending documents here.
We are looking for a claim form on the Internet or in the Consultant, since they are dark there. Usually people are scared how to write a lawsuit - it’s really simple, we state everything essentially without emotions, indicating state numbers, dates, amounts, in chronological order, give links to the Civil Code and insurance rules, everything is ready. If anyone needs to throw off their application.
Do not forget to ask to reimburse the costs of assessment, legal services,% and state duty in the statement of claim, because do not ask for no refund. Without further ado, make two copies of all documents and attach them all to the statement of claim, assure with your signature, do not forget to take the originals for the process.
Now it remains to correctly determine the amount of state duty. It is considered as follows:
In cases adjudicated in courts of general jurisdiction, by justices of the peace, the state fee is paid in the following amounts:
1) upon filing a statement of property of a nature to be assessed, at the price of the claim:
up to 10,000 rubles - 4 percent of the price of the claim, but not less than 200 rubles;
from 10,001 rubles to 50,000 rubles - 400 rubles plus 3 percent of the amount in excess of 10,000 rubles;
from 50,001 rubles to 100,000 rubles - 1,600 rubles plus 2 percent of the amount in excess of 50,000 rubles;
from 100,001 rubles to 500,000 rubles - 2,600 rubles plus 1 percent of the amount in excess of 100,000 rubles;
over 500,000 rubles - 6,600 rubles, plus 0.5 percent of the amount exceeding 500,000 rubles, but not more than 20,000 rubles;
Where to pay ?? The question is solved in two ways - to go to court and rewrite or look on the Internet. We hammer in the Supreme Court in Google, we go to the website and look for the structure of the courts, it is easy to determine there, we select the district court where the insurance is located, because details for payment of state duty to the district and world courts of the same region coincide. We pay, we attach the original receipt to the statement of claim.
We also rewrite the address and send it all in a letter describing the investment in the court, because going to a reception and sitting in line with grandmothers is none of our business.
If the application is accepted for production, then receiving a court ruling on the adoption, if not, then indicate the reasons, if left unattended then they will write what documents are missing, you will report and everything will be ok.
We are waiting for the appointed day, we come with a passport and original documents, we worry a lot :) because we’re all sorry and lose :))
In my case, the process went on for about 50 minutes, about 20 minutes it took me to explain the position of the insurance company and my testimony. For 30 minutes, the judge apparently drank tea in his office :) and I played the snake on my nokia - I went through several levels, because there were no grounds for refusal, my application was satisfied, the insurance did not appeal, a few days after the process you go to court with a passport, take the court decision and the writ of execution. If you want to annoy the insurance, then after the court decision comes into force, 10 days after the receipt, you go to the bailiffs and they initiate enforcement proceedings, but it will be longer, I paid the insurance on my own and did not scramble anymore.
Morality - loot in your pocket, reimbursed all expenses, legal practice received. The main thing is not afraid to protect your rights, not afraid of ships and all walks, actually not so scary, everything is stretched out enough in time and if you swim somewhere, then the knowledge will be pulled up, the judge does not bite the dog, infringe your I’m also not interested in rights, since you have leverage to knock her on the head.
At the time of the financial crisis, it’s not bad to think about alternative sources of incoming cash flow. I think many people don’t go on foot and use a private car for official purposes or as a means of transportation for shopping, etc.
I myself study as a lawyer - the second highest since helps a lot in my main job.
And then one day I decided to get some legal practice, like going to the courts, sitting on a trial, is it scary, etc.
I have a personal Chevrolet Lacetti and after another trip to Nab. Chelny to my beloved mother-in-law on the left front near the front window there was a chip of paint the size of a little finger’s fingernail, in principle, nonsense, you can close your eyes, but since you decided to take the money from the insurance !!!
What to do? Traffic cops call and stand on the highway for several hours? A little pleasure with a dubious outcome, we make it easier - we call the district police department and call the district police officer to inspect the scene of the incident, so that it would not be stressful, we do this near our house at the place of actual residence. (this is how it looks on paper) But in fact, we come to the police department to find a friend of the opera or the local police officer and while sitting in the car we write the paper - like this - I arrived home 12/12/2008 at 13h, got out at 14h, the signaling went off, examined the car, found a chip , called the cops, made up the protocol. All this within 20 minutes we make right sitting in the car. Now the main thing is to get a resolution on refusing to institute criminal proceedings faster, that his headache will write operas, the main thing is that he does not write, that the case is closed at your request and that you just need to pay insurance compensation. Let him write that the damage is small and does not violate the operational characteristics of the machine and this is not damage, etc.
Now we wait five days for a decision to refuse to institute criminal proceedings, but do not forget to warn the insurance company about the insured event. We receive a decision to refuse to institute criminal proceedings and a copy of the inspection report of a dream incident.
We collect all the documents for the car, resolution, protocol and write a statement to the insurance. In principle, this should and will end - we get the payment and that’s it. But not in my case - as the boss explained to me very stubborn and loves to sue, they found fault with the wording in the decision on refusal and advised me to go to the prosecutor to rewrite it :)) As I imagined, it was even funny to me - like, but would you rather rewrite decision, comrade prosecutor.
I say, let's refuse to pay. Any strass company must provide a refusal to pay insurance compensation and copies of all documents certified by its seal so that you can go to court.
After that, it is necessary to assess the damage - we are looking for familiar valuers and agree on an assessment on Friday, but on Monday, we must notify the insurance in writing of the assessment, otherwise the assessment will be illegal. In general, the assessment should go through three business days. On the notice of assessment do not forget to put an insurance stamp on acceptance.
They assessed whether it is not important whether or not the insurance representative came, we are waiting for five days (since acquaintances are there quickly, otherwise we can wait 10 days), now we are all writing a lawsuit for insurance.
We determine where - if the amount of the claim is less than 100 tr then the court of the peace, if more than 100 tr then the district court.
In my case, the amount of the claim of 4.5 tr is ridiculous, but the matter is not the sum, we determine the area where we are filing, it is necessary to file at the location of the insurance company at its legal address. If this is a magistrate’s court, then they also have plots there, we find out the phone number by the inquiry, we call the office and specify the plot, they will always answer there, because they themselves are not interested in sending documents here.
We are looking for a claim form on the Internet or in the Consultant, since they are dark there. Usually people are scared how to write a lawsuit - it’s really simple, we state everything essentially without emotions, indicating state numbers, dates, amounts, in chronological order, give links to the Civil Code and insurance rules, everything is ready. If anyone needs to throw off their application.
Do not forget to ask to reimburse the costs of assessment, legal services,% and state duty in the statement of claim, because do not ask for no refund. Without further ado, make two copies of all documents and attach them all to the statement of claim, assure with your signature, do not forget to take the originals for the process.
Now it remains to correctly determine the amount of state duty. It is considered as follows:
In cases adjudicated in courts of general jurisdiction, by justices of the peace, the state fee is paid in the following amounts:
1) upon filing a statement of property of a nature to be assessed, at the price of the claim:
up to 10,000 rubles - 4 percent of the price of the claim, but not less than 200 rubles;
from 10,001 rubles to 50,000 rubles - 400 rubles plus 3 percent of the amount in excess of 10,000 rubles;
from 50,001 rubles to 100,000 rubles - 1,600 rubles plus 2 percent of the amount in excess of 50,000 rubles;
from 100,001 rubles to 500,000 rubles - 2,600 rubles plus 1 percent of the amount in excess of 100,000 rubles;
over 500,000 rubles - 6,600 rubles, plus 0.5 percent of the amount exceeding 500,000 rubles, but not more than 20,000 rubles;
Where to pay ?? The question is solved in two ways - to go to court and rewrite or look on the Internet. We hammer in the Supreme Court in Google, we go to the website and look for the structure of the courts, it is easy to determine there, we select the district court where the insurance is located, because details for payment of state duty to the district and world courts of the same region coincide. We pay, we attach the original receipt to the statement of claim.
We also rewrite the address and send it all in a letter describing the investment in the court, because going to a reception and sitting in line with grandmothers is none of our business.
If the application is accepted for production, then receiving a court ruling on the adoption, if not, then indicate the reasons, if left unattended then they will write what documents are missing, you will report and everything will be ok.
We are waiting for the appointed day, we come with a passport and original documents, we worry a lot :) because we’re all sorry and lose :))
In my case, the process went on for about 50 minutes, about 20 minutes it took me to explain the position of the insurance company and my testimony. For 30 minutes, the judge apparently drank tea in his office :) and I played the snake on my nokia - I went through several levels, because there were no grounds for refusal, my application was satisfied, the insurance did not appeal, a few days after the process you go to court with a passport, take the court decision and the writ of execution. If you want to annoy the insurance, then after the court decision comes into force, 10 days after the receipt, you go to the bailiffs and they initiate enforcement proceedings, but it will be longer, I paid the insurance on my own and did not scramble anymore.
Morality - loot in your pocket, reimbursed all expenses, legal practice received. The main thing is not afraid to protect your rights, not afraid of ships and all walks, actually not so scary, everything is stretched out enough in time and if you swim somewhere, then the knowledge will be pulled up, the judge does not bite the dog, infringe your I’m also not interested in rights, since you have leverage to knock her on the head.