There are cases when the insurance company refuses to pay the money, justifying their actions with the words: "I do not have the conditions of a written contract."
In this case, to be able to defend their civil rights, it is necessary to draw up a statement of claim and collect the necessary documents.
You will need
- - statement of claim-
- - Receipt of payment gosposhliny-
- - Policy strahovaniya-
- - Receipt of payment strahovki-
- - Registration car-
- - A copy of the accident report.
Prepare documents. They will need to attach a copy of the statement of claim, and the original to bring to the proceedings before the Court. Documents you need: the insurance contract (policy) and the receipt confirming payment of insurance, vehicle registration records from the traffic police of the incident took place.
It is strongly recommended that an independentexamination which will reveal the cost of repairing the vehicle. If you have already restored the transport, give the court the account and documents about the repair. Also, make a copy of the application with which you addressed to the insurer, and a copy of the document containing the refusal of the insurance company to pay. This is to ensure that the court is satisfied that you have acted out of court and tried to resolve the issue peacefully.
Make a statement of claim. In the beginning, select the name of the court to which you are applying. Following write data on the claimant and the respondent. It should include: name, surname, patronymic, address. If a defendant stands organization writes its name and legal registration. In the case where the application is representative of the plaintiff, indicate the same data and of him and applied to the application a copy of a power of attorney.
Describe the situation occurred. Tell us about that on a certain date (enter full date) you have concluded the contract number (specify number) with the insurance company and received as a result of an insurance policy (again enter the room). Note in a statement that the accident happened to you specified in the contract (specify item number). Then write that you have complied with all the terms and procedures in the provision of documents to the insurance company for damages, but the company refused to comply with the terms of the contract drawn up.
After these words, laid out his case: or the company is not paid, or not reimbursed the full amount of the damage, which was agreed upon in the preparation of the contract. If the pre-trial time of any further developments and the accompanying circumstances that are relevant to the case, mention of them in the statement. Write the amount of the damage and make a reference to the document which confirms this. Write that the defendant is obliged to pay, and in accordance with which paragraph of the signed insurance contract. Set out the points of their demands (you are entitled to demand payment and reimburse the registration fee, and legal services).
Write a list of attached documents and date signed. Do not forget to pay the state duty: its amount depends on the amount of the claim.