The insurance company is obliged to compensate the insurer for damage in the amount specified in the contract. In case of non-payment of funds, you have the right to sue the insurance company. For this, a statement of claim is drawn up, the content of which is determined by Article 131 of the Civil Procedure Code of the Russian Federation.
Necessary
- - an agreement with an insurance company;
- - The Civil Procedure Code of the Russian Federation;
- - details of the judicial authority to which the claim is filed;
- - details of the insurance company;
- - passport or company documents;
- - a receipt for payment of the state duty;
- - a copy of the decision of the investigating authority to initiate a criminal case;
- - a copy of the refusal to pay damages.
Instructions
Step 1
Write the name of the court in the right corner of your statement of claim. Moreover, it should be filed with the court at the place of registration of the insurance company. Enter your personal data, your registration address. Indicate the name of the company, the address of its location, if you are acting on behalf of a legal entity.
Step 2
Enter the full name of the insurance company, indicate the address of its location, including the postcode. For this, use an agreement in which the details of the insurer are fully spelled out.
Step 3
State the essence of the statement. That is, write the rights that were violated by the insurance company. List your requirements for the organization. For example, a car was stolen. In this case, describe in order all the circumstances under which this happened. Referring to the contract with the insurance company, indicate that the latter is obliged to compensate for the damage.
Step 4
Indicate the circumstances in which your rights were violated. List the evidence that is the basis for filing a claim. As a rule, legal proof is a contract with an insurance company. Indicate the articles of the Civil Procedure Code of the Russian Federation that regulate the interests of the insured, which are often violated by the insurer.
Step 5
Calculate (if possible) the cost of the claim, that is, indicate the amount that you want to recover from the insurance company. Provide the procedure for calculating the claim as an attachment to the application.
Step 6
Some contracts with an insurance company provide for the possibility of pre-trial settlement. In this case, the policyholder first applies to the appropriate authorities. If there is no result that would satisfy both sides, then a statement is written. It contains information about an attempt at a pre-trial settlement. The details of the body and the reasons why the policyholder and the insurer did not come to an agreement are entered.
Step 7
Write a list of documents that are attached to the application. This will be a copy of the contract with the insurance company, a copy of the investigative body on the initiation of a criminal case, a copy of the payment of the state fee, calculation of the amount of damage, refusal of the insurance company to pay the insured amount and other documents provided for by law.
