Under the terms of the “OSAGO” contract, the insurance indemnity payment is provided to the injured side, in case if all documents have been duly executed. Payments for damages from the insurance company are not always enough to repair the car. Why is this happening? Who should pay the remainder?
In practice there are debatable situations. It would seem, that insurance company executed the obligations and paid an insurance compensation to the victim, but money lasted the half of repair only. The culprit of incident refuses voluntarily to compensate a difference on repair. It is not needed to despair, you have an exit! In parallel instances the lawyers of company “Insurance Concierge” collect an evidential base and file a bill in a court and try to settle a conflict in the pre-trial order, offering to the culprit voluntarily to recover a necessary sum. In the lion’s share of cases a problem decides before the court, due to our persuasiveness and experience. In what cases money can be not enough on repair:
- the money equivalent of repair exceeds the amount of the insurance payment for OSAGO established by the contract;
- part of the damage, which is not compensated by the insurance company – the deductiable, may be in the amount of 0-2000;
- the natural wear of the car, in this case the insurance compensation may be less than the actual cost of repairing the car.
Lets consider more detailed, what our client can count on.
What charges can be paid at the expense of the culprit of the accident?
Appealing to the guilty side, the victim must follow a strict procedure of material punishment. In order to compensate you all damages, you should prepare the following documents
- protocol and scheme of the accident from the Police,
- written refusal of the insurance company to pay the difference between the true size of the damage and the insurance payment,
- results of independent examination.
When you have the necessary evidence on hand, you can start negotiations with the culprit of the accident, by submitting a pre-trial claim.
With our help you are guaranteed to receive:
- expenses for the evacuation of a damaged car, and the costs of its storage;
- compensation for the cost of restoration work, taking into account the wear of spare parts;
- if as a result of a physical injury, you lose your salary, you will need money for treatment and rehabilitation period – you can expect to get a pay for treatment, doctors’ services, and for the unworking period
- as a result of the caused damage, physical and moral worryes should be paid (compensation of moral damage);
- cash payments are due to the family if the breadwinner died or the disability was the result of the accident;
- expenses for payment of services of the law firm, carrying out of examination and other expenses.
If it is not possible to reach agreement in the negotiation process, and the culprit categorically refuses to admit his guilt or does not want to pay the money in time – the injured person has the right to apply to the court. Herewith, all expenses that the plaintiff will incur in court, will have to be repaid by the defendant, including the state duty and expenses for the services of the law firm.
How do we get the payment of the missing amount?
If you are faced with a situation when the insurance indemnity paid by the insurance company of the culprit of the accident does not cover the cost of repairs you have the right to apply independently to the court and recover the missing amount directly from the culprit of the accident. Having no skills, you just lose time and do not get what is due to you according to the law. In Art. 1194 CC is fixed the duty of the person who insured his civil liability, to pay the victim the difference between the actual amount of damage and insurance compensation.
Effective actions of our lawyers:
- collection of evidence base and necessary documentation, formal negotiations with representatives of the insurance company;
- negotiations with the culprit of the accident and pre-trial resolution of the dispute in favor of the injured person;
- filing a lawsuit;
- legal support and conducting a hearing to a positive result.
The victim has a legal right to receive compensation, which corresponds to the amount of caused damage.
