It is not uncommon for an insurance company to refuse to pay money, justifying its actions with the words: "The conditions of the drawn up contract were not fulfilled." In this case, in order to be able to defend your civil rights, you must correctly draw up a statement of claim and collect the necessary documents.
Necessary
- - statement of claim;
- - receipt of payment of state duty;
- - insurance policy;
- - a receipt for payment of insurance;
- - car registration;
- - copy of the accident report.
Instructions
Step 1
Prepare your documents. Copies of them will need to be attached to the statement of claim, and the originals will need to be taken with you to court proceedings. The documents that you need: an insurance contract (policy) and a receipt confirming the payment of insurance, registration of the car, protocols from the traffic police about the incident.
Step 2
It is highly recommended to conduct an independent examination that will reveal the cost of car repairs. If you have already restored the transport, then provide the court with the invoices and documents for the repair. Also make a copy of the statement with which you applied to the insurer and a copy of the document containing the insurance company's refusal to pay. This is necessary in order for the court to make sure that you acted in a pre-trial manner and tried to resolve the issue peacefully.
Step 3
Make a statement of claim. At the very beginning, indicate the name of the court you are applying to. Next, write the details of the plaintiff and the defendant. It is necessary to name: name, surname, patronymic, address. If an organization acts as a defendant, then its name and legal registration are written. In the case when the application is drawn up by the representative of the plaintiff, the same data are indicated and a copy of the power of attorney is attached to the application and about him.
Step 4
Describe the situation that happened. Tell us that on such and such a date (indicate the full date) you entered into an agreement No. (indicate the number) with the insurance company and received an insurance policy as a result (indicate the number again). Note in the application that the accident that happened to you is provided for by the contract (indicate the item number). Next, write that you have complied with all the terms and procedures in submitting documents to the insurance company for compensation for damage, but the company refused to comply with the terms of the drawn up contract.
Step 5
After these words, state your case: either the company did not pay at all, or did not compensate the full amount of damage that was agreed upon when drawing up the contract. If, in the pre-trial time, additional events and accompanying circumstances that are relevant to the case have arisen, mention them in the application. Write down the amount of damage and make a link to a document that confirms this. Write what the respondent is obliged to pay, and in accordance with which clause of the signed insurance contract. State your requirements point by point (you have the right to demand reimbursement of the payment of both state fees and lawyer services).
Step 6
Write down a list of documents to be attached and date them with signature. Do not forget to pay the state duty: its amount directly depends on the price of the claim.
