Shake indemnity insurance company
My first habratopik, I hope that they will read :)). And not banned :)
At the time of the financial crisis, it is not bad to think about alternative sources of cash flow. I think many in Habré do not go on foot and use a private car for official purposes or as a means of shopping, etc.
I myself study to be a lawyer - the second higher education. helps a lot in my main job.
And once I decided to get some legal practice, how to walk through the courts, sit on the process, is it not scary, etc.
I have a personal a / m Chevrolet Lacetti and after another trip to Nab. Chelny to his beloved mother-in-law on the left stand near the frontal window appeared a chipped paint the size of a fingernail, in principle, nonsense, and you can close your eyes, but once decided that money with insurance should be taken !!!
')
What to do? Policemen call and stand on the highway a few hours? A little pleasure with a dubious outcome, we make it easier - we call the district ATS and call the precinct to inspect the scene of the incident, so that it would not be stressful, we do it near our house at the place of actual residence. (this is how it looks on paper) And in fact we come to the ATS we find a familiar opera or a district police officer and we write paper sitting in the car - something like that - I came home on 12/14/2008 at 13:00 at 14:00, the signaling went off, looked at the car, found a chip , caused cops, made a protocol. For 20 minutes we make up all this right while sitting in the car. Now the main thing is to quickly get a resolution to refuse to initiate a criminal case, that his headache will be written by operas, the main thing is that he does not write that the case is closed at your request and that you just need to pay the insurance indemnity. Let him write that the damage is small and does not violate the operational characteristics of the machine and this is not damage, etc.
Now we are waiting for five days to receive a resolution on the refusal to initiate a criminal case, but do not forget to warn the insurance company about the insured event. We receive a decree on the refusal to initiate a criminal case and a copy of the protocol of inspection of the dream incident.
We collect all the documents on the car, the decision, the protocol and write an application to the insurance. In principle, this should all end and - we get the payment and that's it. But not in my case - as the boss explained to me very stubborn and likes to sue, they fumbled about the wording in the resolution on refusal and advised me to go to the prosecutor to rewrite it :)) I thought it was funny to me how it was - didn’t you rewrite resolution, comrade prosecutor.
I say let's refuse to pay. Any strazovaya company must provide a refusal to pay insurance compensation and copies of all documents, certified by its stamp, so that you can go to court.
After that, it is necessary to assess the damage - we are looking for familiar appraisers and agree on an assessment on Friday, but on Monday we must notify the insurance in writing, otherwise the assessment will be illegal. In general, the assessment must go through three working days. On the evaluation notice, be sure to stamp the insurance of acceptance.
We appreciated whether it was not important whether the insurance representative came or not, we wait for five days (there’s friends there quickly, and you can wait 10 days), now we’ll write a claim to the insurance one.
We decide where - if the amount of the claim is less than 100 tr, then the world court, if more than 100, then the district court.
In my case, the amount of the claim is 4.5 tr. Ridiculous, but not in the sum of the matter, we decide on the area where we are applying, we must submit it at the location of the insurance company at its legal address. If this is a world court, then they have more plots there, we will find out the telephone by reference, we call the office and clarify the site, they will always answer there, because they are not interested in sending documents there.
We are looking for a claim form on the Internet or Consultant, the benefit of them there is darkness. Usually people get scared how to write a lawsuit, it’s actually simple, everything is stated essentially without emotion, with indication of state numbers, dates, amounts, in chronological order, we give references to the Civil Code and insurance rules, all lawsuits are ready. If anyone needs to throw off his statement.
Do not forget to ask for reimbursement of the cost of the assessment, legal services,% and state duty in the statement of claim, since do not ask will not be reimbursed. Without further ado, make two copies of all documents and attach them all to the statement of claim, verify with your signature, do not forget to take the originals for the process.
Now it remains to correctly determine the amount of state duty. It is considered so:
In cases considered in courts of general jurisdiction, by magistrates, the state duty is paid in the following amounts:
1) when filing a claim of a property character to be assessed, with the price of the claim:
up to 10,000 rubles - 4 percent of the price of the claim, but not less than 200 rubles;
from 10,001 rubles to 50,000 rubles - 400 rubles plus 3 percent of the amount exceeding 10,000 rubles;
from 50,001 rubles to 100,000 rubles - 1,600 rubles plus 2 percent of the amount exceeding 50,000 rubles;
from 100,001 rubles to 500,000 rubles - 2,600 rubles plus 1 percent of the amount in excess of 100,000 rubles;
over 500,000 rubles - 6,600 rubles plus 0.5 percent of the amount in excess of 500,000 rubles, but not more than 20,000 rubles;
Where to pay ?? The question is solved in two ways - go to court and rewrite or look on the Internet. We slaughtered the Supreme Court in Google, go to the site and look for the structure of the courts, it is easy to determine there, we choose the district court where the insurance is located, since details for the payment of state duty in the district and the world court of the same area coincide. We pay, the original of the receipt we attach to the statement of claim.
We also rewrite the address and send it all in a letter with an inventory of the attachment to the court, because going to the reception and sitting in line with the grandmothers is not our business.
If the application is accepted for production, then the receipt of the decision of the court of acceptance, if not, then they will indicate the reasons, if left without a motion, they will write what documents are missing, report and everything will be ok.
We are waiting for the appointed day, we come with a passport and original documents, we’re worried a lot :) because it’s all and sorry to lose :))
In my case, the process took about 50 minutes, it took 20 minutes to explain the position of the insurance company and my testimony. For 30 minutes the judge apparently drank tea in her office :) and I played a snake on my night ones - I went through several levels. Because there were no grounds for refusal; my application was not satisfied; I did not appeal against the insurance; a few days after the process, I went to court with my passport, took the court’s decision and the writ of execution. If you want to annoy the insurance, after the court decision comes into force, 10 days after the receipt, go to the bailiffs and they initiate enforcement proceedings, but it will be longer, I have paid the insurance itself and no longer vykoenenov.
Morality - loot in your pocket, all expenses were reimbursed, we received legal practice. The main thing is not afraid to defend their rights, not afraid of ships and all walking, in fact, it is not so scary, everything is stretched enough in time and if you swim somewhere, then the judge will not bite your knowledge, infringe upon your the rights are not interested either, since you have the leverage to push her over the head.
At the time of the financial crisis, it is not bad to think about alternative sources of cash flow. I think many in Habré do not go on foot and use a private car for official purposes or as a means of shopping, etc.
I myself study to be a lawyer - the second higher education. helps a lot in my main job.
And once I decided to get some legal practice, how to walk through the courts, sit on the process, is it not scary, etc.
I have a personal a / m Chevrolet Lacetti and after another trip to Nab. Chelny to his beloved mother-in-law on the left stand near the frontal window appeared a chipped paint the size of a fingernail, in principle, nonsense, and you can close your eyes, but once decided that money with insurance should be taken !!!
')
What to do? Policemen call and stand on the highway a few hours? A little pleasure with a dubious outcome, we make it easier - we call the district ATS and call the precinct to inspect the scene of the incident, so that it would not be stressful, we do it near our house at the place of actual residence. (this is how it looks on paper) And in fact we come to the ATS we find a familiar opera or a district police officer and we write paper sitting in the car - something like that - I came home on 12/14/2008 at 13:00 at 14:00, the signaling went off, looked at the car, found a chip , caused cops, made a protocol. For 20 minutes we make up all this right while sitting in the car. Now the main thing is to quickly get a resolution to refuse to initiate a criminal case, that his headache will be written by operas, the main thing is that he does not write that the case is closed at your request and that you just need to pay the insurance indemnity. Let him write that the damage is small and does not violate the operational characteristics of the machine and this is not damage, etc.
Now we are waiting for five days to receive a resolution on the refusal to initiate a criminal case, but do not forget to warn the insurance company about the insured event. We receive a decree on the refusal to initiate a criminal case and a copy of the protocol of inspection of the dream incident.
We collect all the documents on the car, the decision, the protocol and write an application to the insurance. In principle, this should all end and - we get the payment and that's it. But not in my case - as the boss explained to me very stubborn and likes to sue, they fumbled about the wording in the resolution on refusal and advised me to go to the prosecutor to rewrite it :)) I thought it was funny to me how it was - didn’t you rewrite resolution, comrade prosecutor.
I say let's refuse to pay. Any strazovaya company must provide a refusal to pay insurance compensation and copies of all documents, certified by its stamp, so that you can go to court.
After that, it is necessary to assess the damage - we are looking for familiar appraisers and agree on an assessment on Friday, but on Monday we must notify the insurance in writing, otherwise the assessment will be illegal. In general, the assessment must go through three working days. On the evaluation notice, be sure to stamp the insurance of acceptance.
We appreciated whether it was not important whether the insurance representative came or not, we wait for five days (there’s friends there quickly, and you can wait 10 days), now we’ll write a claim to the insurance one.
We decide where - if the amount of the claim is less than 100 tr, then the world court, if more than 100, then the district court.
In my case, the amount of the claim is 4.5 tr. Ridiculous, but not in the sum of the matter, we decide on the area where we are applying, we must submit it at the location of the insurance company at its legal address. If this is a world court, then they have more plots there, we will find out the telephone by reference, we call the office and clarify the site, they will always answer there, because they are not interested in sending documents there.
We are looking for a claim form on the Internet or Consultant, the benefit of them there is darkness. Usually people get scared how to write a lawsuit, it’s actually simple, everything is stated essentially without emotion, with indication of state numbers, dates, amounts, in chronological order, we give references to the Civil Code and insurance rules, all lawsuits are ready. If anyone needs to throw off his statement.
Do not forget to ask for reimbursement of the cost of the assessment, legal services,% and state duty in the statement of claim, since do not ask will not be reimbursed. Without further ado, make two copies of all documents and attach them all to the statement of claim, verify with your signature, do not forget to take the originals for the process.
Now it remains to correctly determine the amount of state duty. It is considered so:
In cases considered in courts of general jurisdiction, by magistrates, the state duty is paid in the following amounts:
1) when filing a claim of a property character to be assessed, with the price of the claim:
up to 10,000 rubles - 4 percent of the price of the claim, but not less than 200 rubles;
from 10,001 rubles to 50,000 rubles - 400 rubles plus 3 percent of the amount exceeding 10,000 rubles;
from 50,001 rubles to 100,000 rubles - 1,600 rubles plus 2 percent of the amount exceeding 50,000 rubles;
from 100,001 rubles to 500,000 rubles - 2,600 rubles plus 1 percent of the amount in excess of 100,000 rubles;
over 500,000 rubles - 6,600 rubles plus 0.5 percent of the amount in excess of 500,000 rubles, but not more than 20,000 rubles;
Where to pay ?? The question is solved in two ways - go to court and rewrite or look on the Internet. We slaughtered the Supreme Court in Google, go to the site and look for the structure of the courts, it is easy to determine there, we choose the district court where the insurance is located, since details for the payment of state duty in the district and the world court of the same area coincide. We pay, the original of the receipt we attach to the statement of claim.
We also rewrite the address and send it all in a letter with an inventory of the attachment to the court, because going to the reception and sitting in line with the grandmothers is not our business.
If the application is accepted for production, then the receipt of the decision of the court of acceptance, if not, then they will indicate the reasons, if left without a motion, they will write what documents are missing, report and everything will be ok.
We are waiting for the appointed day, we come with a passport and original documents, we’re worried a lot :) because it’s all and sorry to lose :))
In my case, the process took about 50 minutes, it took 20 minutes to explain the position of the insurance company and my testimony. For 30 minutes the judge apparently drank tea in her office :) and I played a snake on my night ones - I went through several levels. Because there were no grounds for refusal; my application was not satisfied; I did not appeal against the insurance; a few days after the process, I went to court with my passport, took the court’s decision and the writ of execution. If you want to annoy the insurance, after the court decision comes into force, 10 days after the receipt, go to the bailiffs and they initiate enforcement proceedings, but it will be longer, I have paid the insurance itself and no longer vykoenenov.
Morality - loot in your pocket, all expenses were reimbursed, we received legal practice. The main thing is not afraid to defend their rights, not afraid of ships and all walking, in fact, it is not so scary, everything is stretched enough in time and if you swim somewhere, then the judge will not bite your knowledge, infringe upon your the rights are not interested either, since you have the leverage to push her over the head.
Source: https://habr.com/ru/post/78872/
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