Pre-trial claim against comprehensive insurance. Claim for comprehensive insurance to the insurance company and termination of the contract

Document form “Claim for insurance company Casco" refers to the heading "Claim". Save the link to the document in in social networks or download it to your computer.

OOO "____________________________"
____________________________________

From: ___________________________________
___________________________________________

CLAIM

Under insurance contract No. ____________ dated ___________, concluded between ___________________ and LLC "____________", ____________ insured against the risk of "Casco" a vehicle belonging to it - a car of the brand "_________", state registration plate __________.
In pursuance of the terms of the insurance contract and in full compliance with Art. 940 of the Civil Code of the Russian Federation, an insurance premium in the amount of ___________ rubles was paid to the cash desk of the insurance company.
The insured amount under the Contract is ____________ rubles.
According to the specified Agreement, the beneficiary for the risks “Theft/Theft”, “Damage” (under the conditions of “Total loss”) in terms of the outstanding debt of the Insured (Pledgeholder under the pledge agreement) is ________ (CJSC), for the risk “Damage” - the insured.
According to Part 1 of Art. 929 of the Civil Code of the Russian Federation, under a property insurance contract, one party (the insurer) undertakes to pay a fee stipulated by the contract ( insurance premium) upon the occurrence of an event (insured event) provided for in the contract, compensate the other party (the policyholder) or another person in whose favor the contract was concluded (the beneficiary) for losses caused as a result of this event in the insured property, or losses in connection with other property interests of the policyholder (pay insurance compensation) within the limits of the amount specified in the contract (sum insured).
As a result of a traffic accident that occurred on ___________. on the street _________ highway in ________, near the village __, building __, a car brand “_________”, state registration plate _____________ received technical damage: front right: door, fender, fog lamp, front left fog lamp, fender, bumper, hood, windshield, hidden damage is possible.
The fact of a traffic accident is confirmed by a Certificate of a traffic accident dated ___________.
At the time of the accident, the car was driven by me, on the basis of power of attorney __ No. _________ dated __________, certified by a notary in the city of _______ ___________ - __________________.
The driver of the car, ___________, state, was found guilty of the accident. Register sign ___________ - ___________________.
I immediately reported the occurrence of the insured event, namely on _________, to LLC “______________”, while acting in full compliance with the requirements of the “Rules of Motor Vehicle Insurance and Liability of Motor Vehicle Owners”.
In addition, I submitted all the necessary documents required by the Insurance Rules to the Insurance Company.
Based on Part 1 of Art. 943 of the Civil Code of the Russian Federation, the conditions under which an insurance contract is concluded can be determined in the standard rules of insurance of the corresponding type, adopted, approved or approved by the insurer or an association of insurers (insurance rules).
According to Part 3 of Art. 3 Federal Law of November 27, 1992 No. 4015 - 1 “On the organization of insurance business in the Russian Federation” voluntary insurance carried out on the basis of an insurance contract and insurance rules defining General terms and the procedure for its implementation. Insurance rules are adopted and approved by the insurer or an association of insurers independently in accordance with the Civil Code of the Russian Federation and this Law and contain provisions on the subjects of insurance, on the objects of insurance, on insured events, on insurance risks, on the procedure for determining the insured amount, insurance tariff, insurance premium (insurance contributions), on the procedure for concluding, executing and terminating insurance contracts, on the rights and obligations of the parties, on determining the amount of losses or damage, on the procedure for determining insurance payment, on cases of refusal of insurance payment and other provisions.
As a result of my notification of the insured event, the Insurance Company opened a loss passport No. _______________ dated __________.
Based on clause 11.4 of the Insurance Rules approved general director LLC "______________" No. __ dated __________ unless otherwise provided by the insurance contract, the Insurer within 15 working days, counting from the date of receipt from the Policyholder (Beneficiary) of all necessary documents and fulfillment of duties provided for in paragraphs. 11.8, 11.10, 11.25, 11.27, 11.31, 11.40, 11.44, 14.2 of these Rules, is obliged to make a decision on recognizing or not recognizing the event as an insured event.
The event, namely a traffic accident, is recognized as an insured event that occurred during the validity period of the insurance contract.
In accordance with paragraphs. 11.5, 11.6 of the Motor Vehicle Insurance Rules, unless otherwise provided by the insurance contract, the Insurer makes an insurance payment within 7 working days from the date of approval of the Insured Event Report. If the insurance contract provides for a procedure for paying insurance compensation, in which the Insurer, upon recognizing the occurrence of an insured event, issues a referral to the Insured for repairs at a service station with which the Insurer has a cooperation agreement, then the Insurer issues a referral to the Insured (the Beneficiary) for repairs within the period provided for in paragraph. 11.4, a cash to pay out the insurance compensation, transfers it to the settlement account of the service station upon completion of repair work ensuring the elimination of damage received by the vehicle, within the period stipulated by the cooperation agreement between the service station and the Insurer.
Based on the Insurance Contract _____________ dated ____________, insurance compensation in case of damage to the insured vehicle is made by carrying out restoration repairs at the service station of an official dealer.
After my application, namely in the __________ year, the insurer inspected the vehicle and drew up a vehicle inspection report No. __________.
According to the letter of LLC "________________" ________, received by me on ___________, LLC "___________" carried out an independent technical examination No. _____________, according to which the amount of damage caused exceeded 75% of the insured amount, and therefore, on the basis of clause 11.17 of the Insurance Rules, The insurer decided to settle the insured event on the terms " Complete destruction».
As a result of this circumstance, the Insurer is ready to pay the insurance compensation to the policyholder and the beneficiary under the risk “Damage” on the terms of “Total loss”, i.e. The bank ______, in connection with which 3 options for paying insurance compensation were proposed.
I - _____________ do not agree with the proposed options and the results of the examination and consider the cost of car repairs to be unreasonably high.
In turn, I intend to conduct an independent technical examination of the car in order to determine the real cost of the damage caused.
In this regard, I sent a letter to the Bank _________ with a request to suspend any actions until the results of an independent technical examination are received.

On the basis of the above,-

Not to pay the insurance compensation provided for in Insurance Contract No. ___________ dated ___________ until I receive the results of an independent technical examination of a car brand “_________”, state registration plate __________, which was damaged as a result of an accident that occurred on __________.

Please send your response to the claim to _____________________________________ within 7 (seven) days from the date of receipt of the claim.

" " _________________ of the year



  • It is no secret that office work negatively affects both the physical and mental state of the employee. There are quite a lot of facts confirming both.

Often, vehicle owners are faced with a situation where the insurance company does not fulfill its obligations in full. In this case, you can try to resolve this issue without bringing the matter to court. To do this, you must submit a written claim to the insurance company.

Dear reader! Our articles talk about typical ways to resolve legal issues, but each case is unique.

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In what cases is it used?

The first step to resolving a dispute with the insurer is filing a claim. This document is a letter containing a request from the insured person to the insurance company to eliminate the identified violations.

It is used to resolve controversial issues without involving the judiciary - privately, so to speak.

Considering that the claim is not just a letter, but a very important document, it is important to know the features of drafting, as well as how to submit it correctly.

The law provides for situations where filing a claim is mandatory:

  1. In the case when without of this document no further proceedings are possible.
  2. When it is stated in the terms of the contract this procedure at the initiative of the client, who is an interested party.

As practice shows, most often the need to file a claim when controversial situations arise is specified in the insurance contract.

Therefore, if the client immediately turns to the court for help, he will receive a refusal. The grounds for filing a claim are delay in payment for an insured event, refusal to pay, or underestimation of the amount.

It should be noted that the basis for the claim and for the subsequent claim must be the same.

How to write a complaint?

To date, there is no single form of claim letter. Therefore, it can be written as a regular letter, but at the same time it must display certain information and indicate the essence of the issue, and it is also recommended when drawing up this document to comply with the clauses of the contract that were violated, as well as the requirements for the insurer to fulfill its obligations in full volume and on time.

Also, the procedure for filing a claim is an important document. You can do this yourself by registering it at the reception desk or ordering it by mail.

Refusal of insurance payment

Most often, the main reasons for refusal of insurance payment are:

  1. Incomplete package of documents provided.
  2. The vehicle was malfunctioning at the time of the accident.
  3. Failure to comply with deadlines for contacting the insurance company.

To challenge such a decision, it is advisable to attach to the letter of claim additional documents depending on each individual situation. For example, there may be a case where the documents burned along with the car and it took the traffic police to restore them certain time, which was the reason for the delay in filing the application.

Since today the deadline for filing an application for insurance payments is 15 days, in this case, as evidence, you can attach a copy of new documents, which will indicate the date of their receipt.

In general, you should know that late filing of an application cannot be a reason for refusal to pay. This is due to the fact that there is also a deadline limitation period, which is currently three years. During this period, you can require the insurer to make an insurance payment.

Also, the situation regarding the malfunction of the vehicle at the time of the accident is ambiguous. Here you should refer to the current supplement to the traffic rules (rules traffic), which clearly indicates a list of critical faults for the vehicle, in the presence of which its operation is not allowed.

Missing insurance payment deadlines

According to changes in the insurance law dated September 1, 2014, the insurance company must make payments within 20 days. If this does not happen, a claim should be filed. The time for its consideration is 5 days for OSAGO and 10 for CASCO.

If, after this period, no intelligible answer is received from the insurer, you can go to court.

Submission form

Filing a claim with the insurance company can be done in person through the reception desk or through the office.

In this case, it is important to pay attention to the following points:

  1. Firstly, the letter of claim must be registered in the incoming document folder and assigned a serial number.
  2. Secondly, the person who accepted the document puts the date and signature.
  3. Third, the applicant must have a second copy, which must also bear the registration number, signature of the person who accepted the claim, date, and so on.

The claim can be sent to the insurance company by registered mail with acknowledgment of receipt.

Document structure

As previously noted, today this document does not have a single form, but there is general rules and the principles of its compilation. In particular, this applies to the structure of the document - it must indicate in whose name it was drawn up and from whom, what is the essence of the claim and a description of the current situation.

At the same time, it is advisable to indicate the clauses of the contract, as well as a request to resolve the issue without involving the judiciary.

What information must be provided?

The letter of claim must contain the following information:

  1. Full name of the insured person and his contact details.
  2. Indicate the contract number, when it was concluded and for what period?
  3. When and how was the policy payment made?
  4. The essence of the claim (understatement of the amount, delay, refusal to pay).
  5. Describe the circumstances of the accident.
  6. Describe how events developed after submitting the application. At the same time, it is necessary to indicate in what time frame and what happened and compliance with the clauses of this agreement.
  7. Specify Negative consequences that have occurred or may result in a delay or denial of payment under the insurance policy.
  8. Describe your own requirements as clearly as possible without involving the judiciary. To do this, the following conditions must be met: the requirements must be justified and realistic for the insurer, indicate the time frame for making a decision - usually this is given literally in a few days.
  9. Enter a list of all proposed documents.
  10. Date and signature of the hotel recipient.

Rules and errors when compiling

To minimize the possibility of an insurance company refusing to consider a claim, the following rules must be observed when preparing a claim:

  1. Thoroughly study the terms of the contract, write down the clauses that are violated.
  2. Make sure that a package of documents is submitted.
  3. Filing a claim must be carried out in accordance with applicable regulations and established procedures.
  4. The requirements put forward by the insurance company must be justified and realistic for them to be fulfilled by the insurance company.

To draw up the document described above, it would be best for you to contact an experienced and professional lawyer. Such specialists from a specialized company are competently able to draw up a claim, as well as send it specifically to the addressee, taking upon themselves the official conduct of possible negotiations with the existing opponent.

If the responsible party refuses to fulfill all possible requirements that are reflected in the claim itself, the plaintiff has every right to appeal to the courts.

And here it is absolutely impossible to do without the highest quality legal and high-quality support; and protecting the interests of clients in court is the task of legal professionals.

Among the most common and common errors when compiling, the following should be highlighted:

  1. Ignorance of the terms of the contract.
  2. Failure to provide required documents or their inconsistency.
  3. Failure to comply with deadlines and procedures for filing a claim.

Features of claims depending on the insured event

If you expect to win a dispute with insurers, you will need to take into account the specifics of drawing up such a document, depending on the version of the incident.

When payments are underestimated

So, if the insurance company underestimates payments when compensating for damage, you will need to indicate:

In the upper right corner:

  1. The name of the insurance company chosen to sign the CASCO agreement. A branch may be indicated.
  2. Her legal address or legal address of the branch.
  3. From whom the claim is being sent, indicating the full name and registration address.
  4. A contact phone number is indicated.

The main part indicates the date of conclusion and number of the contract with the insurance company. The date of occurrence of the insured event and information about the date (day, month, year) of filing an application with the insurers indicating the insured event.

The document must indicate the timely delivery of all documents that become confirmation of the insurance claim. Next, the amount of the expected insurance payment and the amount of the insurance payment transferred by the company are indicated.

The complaint states that updating the amount of payments is based on articles 3019 and 310 of the country’s Civil Code. It is important to inform the complaint about transferring the issue to the magistrates' court within 10 days if a positive decision is not received.

The date of the claim and the signature of its author must be included.

Due to failure to repair...

In a situation where the vehicle owner disputes the insurance company's refusal to perform repairs, this document may look slightly different.

Filling out the right corner of the claim indicating the name of the insurance company and the name of the car owner remains unchanged for all insurance cases. The differences are contained in the main body of the document. It will need to indicate the reason for the occurrence of the insured event, on the basis of which the car may need to be repaired.

It also becomes an important part provision of third-party evidence of the occurrence of an insured event obliging the insurer to make payments.

In this case, the assessment of third-party experts can be used.

Conclusion

In conclusion, you can pay attention to wide range issues that may become the basis for a dispute with the insurance company.

Experts recommend that in the event of a significant violation of rights, experienced lawyers are involved in resolving the dispute, capable of resolving any case in a reasonable manner. short time. Also, resolving the dispute can be helped by seeking help on the website of the Central Bank of the Russian Federation or Rospotrebnadzor, which are legally required to control the provision of this insurance service.

The right to judicial protection by citizens of their interests is enshrined in Article 46 of the Constitution of the Russian Federation. But not in all situations you should immediately contact government bodies to resolve disputes. In many cases, it is enough to contact the debtor in writing with a reasoned demand for the fulfillment of the obligation. Such an appeal is called a claim, and the process of resolving disputes through such correspondence is called claims work.

Advantages of dispute resolution during claims work:

  1. Low costs. A claim is a very simple document. It can be easily compiled by a person without a higher legal education. Therefore, there is no need to pay for a lawyer.
  2. When compiling statement of claim it is necessary to take into account numerous requirements of procedural legislation. That's why most people turn to lawyers for help. You should also not forget about paying the state fee when going to court.
  3. The time frame for resolving disagreements is much shorter. The trial may last several months. Or even drag on for years if the losing side appeals the decision. Organizations exchange letters of claim much faster.
  4. This is good preparation for the trial. In letters, experts use arguments and refer to factual circumstances. All this helps to better navigate the provisions of the contract, insurance rules and regulations.
  5. Courts are quicker to consider cases where the position of the plaintiff and defendant is clear from the beginning. The opinions of the parties regarding the subject of the dispute will be clearly visible in the letters of claim and responses to them.

In what cases is a mandatory comprehensive insurance claim procedure provided?

Many clients of insurance companies who have problems with payments are beginning to wonder whether a pre-trial claim under comprehensive insurance is necessary, or whether they can immediately file a claim in court. There are two points of view on this matter.

Supporters of the first believe that if we turn to the legislation, then no rule obliges clients of insurance companies to contact such organizations in a pre-trial manner. In addition, an application for insurance payment and the organization’s response to such an application already presupposes that the parties have outlined their positions. Therefore, the question of whether a comprehensive insurance claim is obligatory disappears by itself.

Adherents of a different point of view believe that relations arising from voluntary insurance are subject to the provisions of the Law “On the Protection of Consumer Rights”. Supporters of this idea refer to the norms of the Plenum resolution Supreme Court No. 20 of June 27, 2013 “On the application by courts of legislation on voluntary insurance of citizens’ property.”

However, the practice of concluding contracts has developed in such a way that the claim procedure is included in the rules for the provision of insurance services, or is prescribed as a separate clause in the contract. In the described situation, a pre-trial claim under comprehensive insurance is mandatory.

This is due to the fact that going to court entails additional costs. The plaintiff will pay for the examination, legal services, and state fees for the consideration of the case by the court. As a result, the amount that the insurance company will have to pay will increase significantly. To prevent this from happening, employees of insurance organizations analyze the appeals they receive, assess their judicial prospects and the person’s readiness to appeal to a government agency.

How to file a pre-trial claim with the insurance company?

The document is drawn up in the form of a standard application. It should contain the following information:

  1. Information about the parties: Full name sender, his address, the name of the insurance company, its location.
  2. Description of the insured event. It is necessary to briefly describe under what circumstances the damage was caused, when the beneficiary applied to the insurance company for compensation, and how the issue of payment of money was resolved. It is also necessary to reasonably point out that the compensation does not correspond to the amount of damage caused.
  3. Requirement. The applicant must clearly state what he expects to receive from the insurance company. This may include reimbursement of actual costs incurred by the owner in restoring the property to its original condition, payment of a missing portion of insurance compensation, or repair of property that was insured.
  4. It is advisable to indicate deadlines for fulfilling the requirements. For example, 7 working days from receipt of the claim.
  5. List of attached documents. The position of the applicant must be supported by copies of documents. For example, it is best to assess the amount of damage from an independent specialist.
  6. Number, signature, surname and initials of the applicant.

When a person decides to purchase a new car, he tries in every possible way to protect himself by protecting the vehicle from possible risks. Therefore, in addition to the compulsory policy, he can choose voluntary insurance. The CASCO policy provides more opportunities compared to.

However, after purchasing an expensive insurance product, many clients face problems. Payments in the event of an insured event are made in a smaller volume and in violation of deadlines.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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This state of affairs does not please the car owner. After all, he acquires CASCO to protect his own rights, and not to violate them. Many clients spend time sorting out disagreements with insurers. However, it is better to focus on the insurance rules.

The client can send official document to the company in which he will express his dissatisfaction. A CASCO claim guarantees that the policyholder will contact the company to resolve the conflict. If the situation does not change, then the car owner has official proof that he is right.

The claim document is drawn up according to a specific template. It is sent to the insurance company when the amount and timing of payments are disputed.

Reasons for discontent

The claim must be drawn up at the request of the client. The document is an intermediate stage between resolving the issue during the conversation and the trial.

The insurance market is growing every year. This gives a new impetus to the development of competition. Insurance firms strive to attract new customers by offering them low prices on the policy.

The most common insurance services are OSAGO and CASCO. After all, road accidents happen every day. Therefore, clients want to cooperate with insurers, who will subsequently compensate for losses and help restore the car.

However, in addition to the growth of insurance services, there is also the emergence of unscrupulous insurers. Such companies do not compensate for the damage caused. In most cases, they remain at the same level without increasing net worth or the cost of the policy. When a client applies after an insured event, they are denied payment. Insurers are cunning, look for various tricks, and also break the law.

A CASCO claim will help you deal with dishonest insurers. It is drawn up by the client in the form of a complaint. The document is sent to the insurance company. In order to defend their rights, the client needs to describe in detail the essence of the conflict and the reasons for the refusal to pay.

The description of the reasons must be drawn up in such a way that it is clear that the client’s rights under the law are being violated. It is important to correctly describe the reasons for the refusal.

Insurers may refuse to pay if:

  • violation by the client of the deadlines for contacting the company;
  • absence of some documents in the provided package;
  • the presence of breakdowns in the vehicle that were discovered before the accident;
  • violation of the rules by the policyholder.

One of the common points on which disputes arise is the condition of the car after an accident. According to accepted standards, a car is considered faulty not only if the radiator breaks down, but also if there is a crack in the car glass. If there is damage, the client can contact service center. He must keep receipts for repairs so that he can provide them to the insurer.

To avoid problems during cooperation with the insurance company, the car owner should carefully read the terms of the contract, and if questions arise, they should be asked to an insurance employee before concluding an agreement

Where to start

When the need to file a claim arises, policyholders are confused and don't know where to start. It is important to familiarize yourself with the conditions for preparing a complaint, instructions for filling it out and the form of the document.

When it's appropriate

When concluding an agreement on CASCO insurance, the insurer and the policyholder still have contracts in their hands. They reflect the rights and obligations of each party. If the insurance company violates the terms of the agreement, the client may resort to filing a claim.

Violations of the contract can be in the form of:

  • reduction of the compensation amount compared to that stated in the document;
  • ignoring payment deadlines or delaying them;
  • refusal to carry out restoration work required under the contract.

The above reasons are the most common. However, the policyholder can file a claim even in the most minor cases of violation of his rights.

The degree of satisfaction of the client's requirements directly depends on the correctness of the claim. It is a document confirming the client’s appeal to the insurance company. If the insurer refuses to consider the application, you can contact judiciary.

If there are certain clauses in the contract, the insurance company cannot note the illegality of the client’s claims.

Among these provisions are:

  • characteristics of the insurance object (vehicle);
  • description of insured events upon the occurrence of which payments are due;
  • amount of compensation in case of an accident;
  • deadline for payment of funds;
  • validity insurance contract.

Instructions on how to write

When making a claim, the policyholder needs to focus on certain order. It is not recommended to violate or change it in order for the document to be accepted by insurers. The car owner must have a certain package of documents.

He must have with him:

  • certificate of accident (photocopy);
  • accident report (photocopy);
  • request for payment of compensation under CASCO (photocopy);
  • documents for the car (photocopy);
  • a telegram that was sent as a call to inspect the vehicle (photocopy);
  • documents confirming the insurer's expenses;
  • identification.

When filing a claim, you must indicate the company that issued the CASCO policy. In addition to the full information of the insurance company, you must provide information about the employee who is directly the face of the company. Usually the manager's details are recorded. All information is reflected in the insurance contract.

  • information from the passport;
  • registration address with zip code;
  • phone number;
  • CASCO policy series and number.

The claim must describe the circumstances of the incident. It is important to note the date, time and exact location of the accident. The policyholder must also provide information about the second party involved in the accident. If he admitted guilt, then this is described in the complaint.

When describing the incident, it is necessary to note the directions of movement of the parties, the damage received during the accident. This information can be taken from the report of the insurance employee who inspected the vehicle.

The client needs to define his own requirement. If they disagree with the amount of payments, then they need to indicate the amount of the desired compensation. It is important to refer to the contract in order to receive a full refund.

The date and signature are placed at the bottom of the document. Documents are attached to the claim. Then the package must be taken to the insurance company. Registration of a complaint is mandatory.

Filling form

A pre-trial claim can be made in any form.

However, it is important that the document contains the main points:

  • name of the insurance company and details of the person representing its interests;
  • reasons for contacting;
  • the client's actions to resolve the issue;
  • desired result.

Among the reasons for contacting, several points are highlighted:

  • delay in payment of damages;
  • ignoring the insurer's own obligations;
  • refusal to compensate for damage caused vehicle;
  • carrying out restoration work.

When describing the desired result, the client needs to indicate the amount of payments that are necessary to repair the car. It is also important to indicate the period during which payments must be made.

In most cases, insurers respond to the claim within 10 days. If a decision has been made to refuse the client, then he can appeal to the judicial authorities, attaching it to the claim. Typically, insurers do not want to take the case to court. They prefer to resolve controversial issues during a conversation.

Before submitting a claim to the insurance company, the client must keep a copy of the document. It is best if it is certified by an employee of the company and contains a registration number.

The claim is submitted by contacting the company and sending registered letter with notice.

If there is a claim, the policyholder has a better chance of winning the case in court. The document is not required if the client, in a conversation with the insurer, was given a clear negative answer to the satisfaction of the requirements. In this case, you must immediately file a claim in court.

In the complaint, the policyholder must clearly and accessible language describe the essence of the matter.

It is worth specifying:

  • name of the insurance company, its details;
  • personal contact details of the claim maker;
  • information about the insurance contract or policy;
  • obligations of the insurer that were violated;
  • loss incurred by the insured;
  • requirements with the amount of payments and deadlines for fulfillment.

The claim must be submitted in person or by registered mail. The sender is given a receipt. It definitely needs to be preserved. It confirms that the claim has been sent to the insurance company.

The essence of the CASCO claim

CASCO claims may reflect various requirements of the policyholder.

There are documents that require:

  • revision of the amount of compensation;
  • providing a report on the calculation of compensation;
  • recognition of the incident as an insured event.

In some cases, claims are consolidated because the insurer violates several clauses of the contract.

The main essence of the claim is the description of the insured event. Data may vary depending on the type of claim.

If the client was denied compensation for damage, then it is worth indicating the reasons. If there are any contradictions between the refusal and the terms of the contract, the policyholder must note the illegality of the actions of the insurer violating the rights of the client.

At this point you can refer to legislative acts. The situation is regulated by articles 309, 963, 964, 961 of the Civil Code of the Russian Federation. You also need to indicate the period for the insurer to fulfill its obligations. It must be at least 3 working days.

When drawing up a claim of disagreement with, you must contact independent experts. They provide a report on the damage caused to the vehicle. Data from appraisers and insurers, the difference in amounts should be indicated in the claim.

The claim that the policyholder submits to the company is called pre-trial. The name is due to the fact that the document is an intermediate stage before filing a claim.

The document must indicate:

  • data of the policyholder and the insurer;
  • description of the insured event and actions taken by the parties;
  • requirements for a certain amount of compensation.

In the description of the insured event, it is necessary not only to demonstrate the essence of the incident. It is important to rely on certificates, traffic police protocols, decisions of municipal authorities and utility structures.

Often the insurance company refuses a claim for a client who has not taken action to reduce the damage to the vehicle. Therefore, the policyholder must describe in detail his actions that prove his desire to reduce the level of damage.

If the claim is not based on an insured event, but due to a violation of the client’s rights, then it is worth preparing two copies of the document. One of them is sent to the insurance company, and the second to Federal service insurance supervision of Russia.

Dispute resolution

During cooperation between the client and the company, various disputes arise. The issue regarding insurance payments is rarely resolved during pre-trial proceedings. Most often, such cases are considered by the courts.