How to submit to the court to the insurance company

Insurance company refuses to pay your losses in full? You can get compensation by submitting to the insurer to court. Few people know all the nuances of filing a ship claims for an insurance company, and often people make hand to incomplete payments or waivers at all. But the money is not unnecessary, no matter what the amount of damage is, you have the legal right to get one hundred percent compensation from the company with which you have entered into an insurance contract. Act according to the instructions submitted below and get the compensation of all losses!

First of all, consult with a lawyer: whether you are right from a legal point of view, is it worth spending time and money on litigation, what are the chances of success, what documents need to be prepared, discuss the amount you can apply. If the law is on your side, you can safely go to court.

Order the required examination, desirable independent. With their help, the assessment of damages is based on, on the basis of which the amount of compensation is appointed.

Find out which court you contact. The choice depends on the price of the claim: if it is less than 50 thousand rubles, then contact the world court, if the price of the claim is more than 50 thousand rubles, apply to the district court. The price of the claim is the amount of compensation you are going to sue. It includes insurance compensation and court costs (for examination, legal advice, postal services, etc.).

Collect all the documents required to confirm your claim: an insurance contract, an act of contacting the insurer, rejecting your application by the insurance company, the conclusion of expertise, checks, etc. If you do not have any documents, but they have an insurer, you need to submit a petition for their recovery. You can provide copies of documents, but then in the lawsuit, note that check the originals at the court session.

The lawsuit is drawn up in accordance with Art. 131 Civil Procedure Code of the Russian Federation, indicating the name of the court, the personal data of the plaintiff (yours) and the defendant (insurance company), descriptions of your requirements and appreciate the claim. Be sure to justify your claims with references to articles in legislation and in the rules of the insurance contract. If you are not sure about your legal literacy, consult a professional.

Now you can send a lawsuit to the court in two copies: for the court and for the defendant. All if you all check, do not forget to attach documents. If you can not attribute a lawsuit directly to the court, pay the registered letter. Next are waiting for the agenda.

It will be held more than a month after receiving the lawsuit before the first prior court session will be held, where you can submit petitions, change the price of the claim, provide additional documents and evidence or refuse your requirements. In turn, the defendant will either voiced its contradictions, or will offer to sign the settlement agreement. If you accept the settlement agreement, the case will close - you will save time and the defendant recognizes your guilt, but keep in mind that the amount you received will be less than that you claimed your claim.

If the court matter is still not closed, take patience: the following meetings can reach for a long time. And again familiarize with the documents, arguments, discussion, examination, as a result of which the price of the claim may change. You can agree with the defendant or insist on your position. Can you spend so much personal time on litigation? Hire a lawyer who will act as your representative in court even without your presence.

If you do not agree with the court decision, you can take advantage of the sentence for 30 days. The right to appeal has the defendant.

If the sentence is not appealed, take the executive list and go to the bailiff.

Thus, you can force the insurance company to fully pay all losses. The main thing is not to be afraid to come to court: let it take a lot of time and effort, but if the law is on your side, justice should triumph. The more people will defend their rights in court, the less insurers will be denying their customers on trifles, fear of litigation. Protect your rights!

Comments leave a comment

Olga 09/04/2019 at 9:22.

I suffered in an accident. After designing and evaluating the expert of the insurance company, the accident received a written refusal to pay and referral to repairs. No one can achieve the amount of damage or inspection acts, the insured explains this by the fact that these are internal documents. What to do next? Maybe I will not suit the amount of damage and I would come to court for a direct payment. Are the actions of the insurance company legitimate?

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