Nowadays, more and more often, car owners have claims against insurance companies that delay payments or become bankrupt. All such situations are resolved in court, and deceived car owners need to do the following:
Instructions
Step 1
After 31 days from the date of submission of documents, if payments have not been made, write a pre-trial claim to the insurance company, and send a copy of the claim to the Insurance Supervision for your insurance district.
Step 2
Before filing a lawsuit against 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 submitted to the insurance company;
- copies of all available documents that were given to you by the traffic police in the process of documenting an accident;
- originals and copies of documents on the registration of your vehicle;
- an expert opinion on the cost of repairing your car, and if the repair has already been made, attach copies and originals of invoices and acts on the cost of refurbishment to the package of documents.
Step 3
Use the services of an experienced lawyer, which will save you time and nerves - the cost of the lawyer's services, if your claims are satisfied, is paid by the insurance company in full.
Step 4
Now you can sue the insurance company. File a statement of claim in court, having paid the state fee in advance and attaching copies of these documents to the application. If the company makes payments before the trial, the previously filed claim will serve as the basis for the recovery of a forfeit, compensation for the payment of state fees and expenses for the services of a lawyer, and if some of these documents are in the insurance company, and you did not have time to make copies of them, make a note about this in the statement of claim;
Step 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, is regarded as the use of other people's funds.
