20 Mar

Consideration of a claim against the insurance company "Reso-Garantia"

Have you received a refusal from an insurance company to pay insurance compensation under CASCO? Don’t give up; a competent lawyer will help resolve the issue in a positive way.

PROBLEM:

I was contacted by citizen T.Kh., whose car was damaged in an accident and received significant damage. The insurance company denied T.H. in payment of insurance compensation. The refusal is motivated by the fact that the owner of the car, T.Kh. did not include in the insurance contract the person who was driving the vehicle at the time of the accident. In addition, the insurance company referred to the fact that the driver did not receive a driver's license and did not have the right to drive a car.

Categorically disagreeing with the actions of the insurer "Reso-Garantiya", citizen T.Kh. asked to protect his rights, since the car is pledged to the bank and he has an obligation to repay the loan.

SOLUTION:

Having received an unfounded refusal, I calculated the amount of compensation and sent the company “Reso - Guarantee” a claim for payment of insurance compensation to T.Kh.

The insurance company evaded compliance with the requirements, which became the reason for going to court in the interests of T.Kh.

At my request, Sberbank of Russia was brought in as a third party in the case, whose collateral was T.Kh.’s car. Also, during the consideration of the case, I was a forensic auto-commodity examination was initiated, the results of which established that the vehicle was a complete loss.

The court's attention was focused on the fact that the terms of the insurance contract, which the Reso-Garantia company referred to as the reason for refusing to pay compensation, do not comply with current legislation.

The court took into account the presented calculations of the amounts of compensation and considered them reasonable.

RESULT:

The court regarded the actions of the insurance company as illegal and satisfied the claims of T.Kh.

As a result of the lawyer’s painstaking work, by court decision the following were recovered from the insurance company:

— insurance compensation in the amount of more than 1,000,000 rubles;

- interest on the use of other people's money;

— fine for failure to comply with the plaintiff’s demands;

— moral damage;

— legal costs associated with payment for the services of a representative, an independent expert, and notary services.

Brief rules

1. Determination of the sum insured

The agreement of the company "RESO Guarantee" applies non-aggregate insurance amounts, implying cash, within the framework of which insurers are obliged to make insurance payments for each of the insured events, regardless of their number during the insurance period. At the same time, the liability limits of the insurance company are not reduced by the amount of payments made.

After payment of insurance compensation due to damage, with the exception of payments under the conditions of “Total loss”, the insurance contract continues to be valid.

2. Regulations for the provision of insurance compensation for damage

Calculation of compensation due to damage incurred implies the exclusion of depreciation.

3. Constructive death

The rules of CASCO insurance and OSAGO "RESO Guarantee" assume the implementation of the "Total loss" condition if the cost of the required restoration repairs reaches 80% of the cost of the car, excluding depreciation at the time of concluding the insurance contract.

4. Determination of wear rates

The CASCO and MTPL insurance contract "RESO Guarantee" assumes the following procedure for calculating depreciation:

in the first year - 20% (in the first month - 3%, in the second month - 2%, in the third and subsequent months - 1.5%);
in the second year - 15% (including for each month - 1.25%);
in the third and subsequent years - 12% (including for each month - 1%).

5. Deadlines for filing damage claims

Within 10 working days, policyholders are required to submit a written report of damage to the insurance company.

6. Deadlines for filing reports of theft

The insurer has set a period of 24 hours for mandatory verbal reporting of theft. In order to receive payments under CASCO, as well as payments under OSAGO at RESO Garantiya, within 3 working days, policyholders are required to submit a written report of the theft to the insurance company.

7. Period of insurance compensation due to damage

The rules of CASCO insurance and OSAGO "RESO Guarantee" provide for compliance with a 20-day period during which payments related to damage are credited to the insured's bank account. In this case, payments due to the destruction of a vehicle are made within 30 days.

8. Period of insurance compensation due to theft

Payments under CASCO, as well as payments under OSAGO in "RESO Garantiya" related to theft, are made within a 30-day period. To receive compensation due to the theft of a car, it is necessary to provide the insurer with all the documentation required by it, including decisions to initiate criminal cases.

9. Damage not subject to payment

Payments under CASCO at RESO Garantiya are not made in case of damage to:

exclusively wheel group (caps, tires, wheels);
awnings

Refusal to pay compensation also occurs due to theft of tent products.

10. Damage and expenses payable

The following expenses are subject to reimbursement:

aimed at restoring damage received during towing;
related to evacuation (no more than 1% of the insured amounts).

11. Important information

Payments can be made without providing documentation from authorized government bodies in case of damage to glass, as well as headlight glazing, or damage to body elements. These payments are possible if the amount of damage does not exceed an amount equivalent to:

$200 for domestic cars;
$500 for jointly produced and imported vehicles.

The insurance company Reso-Garantia is in the TOP 10 of the largest and most reliable companies in the entire Russian Federation. However, in the national rating this company occupies a far from leading position, this is primarily due to the company’s policy, which is focused on new clients and does not care about clients at all who are already paying her money.

Therefore, SK Reso-Garantiya does not take into account the opinion of its policyholders and significantly underestimates the amount of insurance payments, delays the time frame for their implementation, and often does not pay at all, refusing to pay insurance compensation on completely flimsy and untenable grounds.

Thus, the insurance giant's lawyers underestimate the size of the insurance payment by an average of 5 times. In this situation, the most surprising thing is the connivance of government bodies represented by Rospotrebnadzor, Rosstrakhnadzor and the Russian Union of Auto Insurers. In the presence of such statistics available in the courts (understatement of insurance payments by 5 times and 95% of court cases won by policyholders), it is necessary to apply certain administrative measures, for example, deprivation of a license to carry out insurance activities.

But this is not happening and, most likely, will not happen. Therefore, the policyholder has only one thing left to do - collect his thoughts and go to file a claim in court to protect his rights and strengthen the already established positive judicial practice.

Reso-Garantia pays little for insurance. In other words, the amount of insurance compensation is significantly lower than the cost of restorative repairs of the car.

There is nothing terrible in this situation, this is just part of the marketing policy of SK Reso-Garantia. Reso underpays everyone who comes with this demand and half of these people leave with money that cannot be used to repair their car. And only some of them will decide to go to court and forcefully collect their money.

Even taking into account the reimbursement of all legal costs and expenses for conducting an assessment and examination, it is quite obvious that it is profitable for Reso to pay half the money according to the court decision, and pay half 5 times less than necessary.

Decisions to collect money from the insurance company

What to do if Reso pays little?

First, you need to submit a pre-trial claim. But, as practice shows, this does not resolve the issue on the merits, but only contributes to a positive decision by the court.

In any case, it is better for a lawyer to deal with the issue already at the stage of filing a claim. Thus, it will be possible to provide all the documents necessary within the framework of the chosen legal vector, which he will adhere to in court.

At the next stage, you need to assess the cost of restorative repairs of the car and file a claim in court against the insurance company Reso.

The lawyer to whom you entrust the conduct of your case must have experience in handling such cases, since at any stage of the fight against Reso you will encounter company employees who know all the tricks and loopholes in order not to pay you money. In court, it is also necessary to support the stated claims and successfully resist the arguments of Reso’s lawyers.

SOLUTION
NAME: RUSSIAN FEDERATION
On December 4, 2009, Magistrate Judge of the court district No. 418 of the Presnensky district of Moscow, Kiryanen E.D., with secretary Kolganova Yu.V., with the participation of the representative of the plaintiff Zhukov P.L., the representative of the defendant M.O.V., having considered open court hearing civil case No. 2-***/09 on the claim of M.I.A. to RESO-Garantiya Insurance Company for compensation for damage caused as a result of a traffic accident,
INSTALLED:
The plaintiff filed a lawsuit against RESO-Garantiya Insurance Company for compensation for damage caused by a traffic accident, citing the fact that as a result of a collision with a Lexus RX 300 car, state registration plate P970ХМ177, driven by driver M.A. V., owned by K.M.A., with a Hyundai Elantra car, state registration plate ****199, driven by Zh.K.V., owned by M.I.A., The Hyundai Elantra car, state registration plate ***** 99, received mechanical damage.
The specified road traffic accident occurred due to a violation of traffic rules by the driver M.A.V., who was driving a Lexus RX 300 car, state registration plate P970ХМ177, whose civil liability is insured by RESO-Garantia Insurance Company,
The plaintiff applied to RESO-Garantiya Insurance Company with an application for payment of insurance compensation. The insurance company inspected the plaintiff's damaged vehicle and... Having organized its independent examination, it paid the plaintiff an insurance compensation in the amount of 8,614 rubles. 69 kopecks
The plaintiff, not agreeing with the amount of insurance compensation paid by the defendant and with the results of the examination carried out by the defendant, applied for an independent examination, according to the results of which, the cost of restoration of the plaintiff’s car, taking into account wear and tear, was 25,347 rubles. 29 kopecks
Considering his rights to be violated, the plaintiff asks the court to recover from the defendant RESO-Garantiya Insurance Company the lost insurance compensation in the amount of 16,732 rubles. 60 kopecks, costs of paying for an independent examination in the amount of 3900 rubles. 00 kopecks, postage costs in the amount of 682 rubles. 30 kopecks, expenses for notary services in the amount of 500 rubles, expenses for paying state fees in the amount of 602 rubles. 00 kopecks, expenses for paying for the services of a representative in the amount of 12,000 rubles.
At this court hearing, the representative of the plaintiff, after familiarizing himself with the forensic examination, clarified the claims and asked to recover from the defendant the lost insurance compensation in the amount of 12,958 rubles. 70 kopecks, costs of paying for an independent examination in the amount of 3900 rubles. 00 kopecks, postage costs in the amount of 682 rubles. 30 kopecks, expenses for notary services in the amount of 500 rubles, expenses for paying state fees in the amount of 602 rubles. 00 kopecks, expenses for paying for the services of a representative in the amount of 12,000 rubles.
The representative of the defendant RESO-Garantiya Insurance Company appeared at the court hearing and did not admit the claims.
Third parties did not appear at the court hearing, were duly notified, and asked to consider the case in their absence.
The court, having heard the parties and examined the case materials, finds the claims subject to partial satisfaction on the following grounds.
By virtue of Art. 15 of the Federal Law on Compulsory Civil Liability Insurance of Vehicle Owners of April 25, 2002 N 40-FZ, compulsory insurance is carried out by vehicle owners by concluding compulsory insurance agreements with insurers. Under a compulsory insurance contract, the risk of civil liability of the policyholder himself, another vehicle owner named in the compulsory insurance contract, as well as other owners legally using the vehicle are insured.
By virtue of Art. 929 of the Civil Code of the Russian Federation, under a property insurance contract, one party (the insurer) undertakes to compensate the other party (the policyholder) or another person in whose favor the contract is concluded (the beneficiary) for the payment stipulated by the contract (insurance premium) upon the occurrence of an event stipulated in the contract (insured event). losses caused as a result of this event in the insured property or losses in connection with other property interests of the insured (pay insurance compensation) within the amount specified in the contract (insurance amount).
By virtue of Art.! Federal Law on Compulsory Civil Liability Insurance of Vehicle Owners dated April 25, 2002 N 40-FZ, contract of compulsory civil liability insurance of vehicle owners (hereinafter referred to as the compulsory insurance contract) is an insurance contract under which the insurer undertakes for a fee stipulated by the contract (insurance premium ) upon the occurrence of an event (insured event) provided for in the contract, compensate the victims for damage caused to their life, health or property as a result of this event (make an insurance payment) within the limits of the amount specified in the contract (insurance amount). Compulsory insurance contract: concluded in the manner and on the terms provided for by this Federal Law, and is public.
Between K.M.A. and RESO-Garantiya IJSC entered into an agreement on compulsory insurance of civil liability of vehicle owners. In accordance with which Makarova A.V. is a person authorized to drive a vehicle.
The conditions under which the compulsory insurance contract was concluded are defined in the Rules for compulsory civil liability insurance of vehicle owners, approved by Decree of the Government of the Russian Federation on May 7, 2003 No. 263.
In accordance with clause 7 of the Rules of Compulsory Insurance, an insured event is recognized as the occurrence of civil liability of the insured, other persons whose risk of liability is insured under a compulsory insurance contract, for causing harm to the life, health or property of victims when using a vehicle, which entails the obligation of the insurer make an insurance payment.
In accordance with clause 73 of the Compulsory Insurance Rules, in the event of a disagreement between the insurer and the victim regarding the amount of damage to be compensated under the compulsory insurance contract, the insurer is in any case obliged to make an insurance payment in the part that is not disputed by it.
At the court hearing, it was established that as a result of a collision that occurred on March 17, 2009, with a Lexus RX 300 car, state registration plate *****177, driven by driver M.A.V., owned by K.M. A., with a Hyundai Elantra car, state registration plate *****199, driven by Zh.K.V., owned by M.I.A., a Hyundai Elantra car, state registration plate * ****199, received mechanical damage.
As can be seen from the materials of the administrative case, the specified traffic accident occurred as a result of violation of traffic rules of the Russian Federation by driver M.A.V.
Due to the fact that the civil liability of the harm-cauter is insured by RESO-Garantiya Insurance Company, the plaintiff applied to the defendant for payment of insurance compensation.
The insurance company, having inspected the plaintiff’s damaged vehicle and organized its independent examination, paid the plaintiff the undisputed portion of the insurance
compensation in the amount of 8614 rubles. 69 kopecks
The plaintiff, not agreeing with the amount of insurance compensation, applied for an independent examination (300 “AUTO-PROFI”), according to the results of which the cost of restorative repairs of the plaintiff’s car, taking into account the wear and tear of the parts being replaced, is 25,347 rubles. 29 kopecks.
In accordance with Art. 79 of the Code of Civil Procedure of the Russian Federation, if issues arise during the consideration of the case that require special knowledge in various fields of science, technology, art, craft, the court appoints an examination. The examination may be entrusted to a forensic institution, a specific expert or several experts.
Considering the need for special knowledge in determining the actual cost of restorative repairs of the plaintiff’s damaged car, the court, at the request of the defendant’s representative, ordered a forensic auto-technical examination, and its implementation was entrusted to the experts of Gos-Otsenka LLC. Payment for expert work is assigned to the defendant. According to the conclusion of the forensic automotive technical examination No. 6-500 dated October 24, 2009, the cost of restoration repairs, taking into account the wear of spare parts and the service life of the Hyundai Elantra car, state registration plate P011KE199, in relation to damage received as a result of a traffic accident, which occurred on March 17, 2009, is 21,573 rubles. 39 kopecks
The court has no reason to distrust the conclusion of the forensic examination conducted by GosOtsenka LLC, since it is logical and consistent with the case materials.
The court accepts the conclusion of this examination as evidence, since the expert has sufficient experience and has the necessary qualifications to establish the circumstances indicated in the expert report, the expert gave a specific answer to the question posed by the court, the conclusion sets out in detail the research part of the examination, from which it is clear that in connection with which the expert came to this conclusion, the expert was warned of criminal liability under Article 307 of the Criminal Code of the Russian Federation for giving a knowingly false conclusion.
Since the assessment reports of AUTO-PROFI LLC and EX-PRO LLC, presented by the parties, contradict the conclusion of the forensic examination, the court is critical of this evidence and cannot use it as the basis for the court decision.
Based on the foregoing, and also taking into account the conclusion of the forensic auto-technical examination, the court considers it necessary to recover from the defendant the cost of restoration of the plaintiff’s damaged car in the amount of 12,958 rubles. 70 kopecks, which is the difference between the cost of restoration repairs, taking into account the wear and tear of replacement parts and components, determined by a forensic examination and the amount of insurance compensation paid by the defendant.
In accordance with Art. 98 Code of Civil Procedure. RF, the party in whose favor the court decision was made, the court orders the other party to reimburse all legal costs incurred in the case. If the claim is partially satisfied, the legal costs specified in this article are awarded to the plaintiff in proportion to the amount of the claims satisfied by the court, and to the defendant in proportion to the part of the claims that were denied to the plaintiff.
Based on the above, the costs of paying for an independent examination in the amount of 3,900 rubles are subject to recovery from the defendant in favor of the plaintiff. 00 kopecks, expenses for paying state duty in the amount of 640 rubles. 33 kopecks, postage in the amount of 682 rubles. 30 kopecks, expenses for notary services in the amount of 500 rubles, expenses for paying state fees in the amount of 602 rubles. 00 kopecks, and only 5571 rubles. 06 kop.
According to Art. 100 of the Code of Civil Procedure of the Russian Federation, the party in whose favor the court decision was made, at its written request, the court awards, on the other hand, the costs of paying for the services of a representative within reasonable limits.
Taking into account reasonableness (taking into account the preparation of the claim by the representative, his participation in the process, the complexity of the case), the court believes that the costs of paying for the services of the representative in the amount of 6,000 rubles are subject to recovery from the defendant.
Based on the above, guided by Art. Art. 194-198 Code of Civil Procedure of the Russian Federation,

Claim M.I.A. to IJSC "RESO-Garantiya" for compensation for damage caused as a result of a traffic accident to be partially satisfied.
To recover from RESO-Garantiya Insurance Company in favor of M.I.A. insurance compensation in the amount of 12985 rubles. 70 kopecks, legal expenses in the amount of 5571 rubles. 06 kopecks, expenses for paying for the services of a representative in the amount of 6,000 rubles. 00 kop.
In the rest of the claim M.I.A. refuse.
The decision can be appealed on appeal to the Presnensky District Court of Moscow within 10 days from the date of production of the decision in final form through court district No. 418.
The final decision was made on December 8, 2009.
Magistrate Kiryanen E.D.

Example " Applications for insurance benefits", submitted to the Insurer along with a complete set of documents (according to the inventory), if the documents were not submitted to the insurance company before the inspection, but the Insurer was summoned for inspection in the proper manner by telegram (see the telegram form on the website). Telegram is Statement (which must be provided to the insurer in accordance with clause 45 of the MTPL rules, upon receipt of which the insurer is obliged to inspect the vehicle within five days). There is no strict form approved by rules or law; each insurance company independently created its own application form. “The Rules on Compulsory Insurance” (RF PP 263) and the MTPL law (40 Federal Laws) also do not prohibit submitting an application by mail or in any other way.

At "RESO-Garantiya"
Moscow, Gasheka st., 12

From Elena Nikolaevna Kuletsova,
living at the address: Moscow.
st. Davydkovskaya 21, apt. 112.
Loss No.___________
Application for insurance payment

10/15/2005 at 19:50 an accident occurred at the address: Moscow region, 49 km. Minskoye Highway, with the participation of the following vehicles and drivers:
1. car brand "Volkswagen Golf" state number: P 000 ХН 99, owned by me - Elena Nikolaevna Kuletsova, on the right of ownership, under my control, which suffered damage as a result of an accident.
2. car "VAZ 2104" state number E 000 KU 68, under the control of M.P. Gakhramov, living at the address: Smolensk, st. Bagrationa, 7, apt. 44, the insurance policy was issued by the insurance company "RESO-Garantia" AAA No. 0294869570 valid until 02/22/2006
The traffic accident occurred as a result of a violation of paragraph. 10.1 Traffic rules by driver M.P. Gahramov., which is confirmed by the case materials: Certificate of road accident, Appendix No. 12 and Appendix No. 31, a Determination was issued against the offender, registered under number 3485 dated 10.15.2005. in accordance with part 2 of Art. 24.5 and 28.1 of the Administrative Code.
Gahramov M.P. is guilty of violating traffic rules and, as a consequence, in the said accident. admitted when considering the materials of the case of an accident by an inspector.
I intend to exercise my right to insurance payment. Damage to my car resulting from an accident prevents it from participating in road traffic.
On October 24, 2005, in accordance with paragraph 44 of the “Rules...”, I submitted to “RESO-Garantiya” (the insurer) an “Application for Insurance Payment” by telegram, in which I expressed my intention to exercise my right to an insurance payment and invited a representative of the Insurance Company to inspect the vehicle. means, which complies with the requirement of the “OSAGO Rules” clause 45. None of those invited duly appeared for the inspection.
In accordance with clauses 44 and 61 of the “OSAGO Rules”, attached to this application is

List of documents to be transferred:

1. “Application for insurance payment” provided by the insurance company. ( in accordance with clause 44)
2. "Notification of an accident." ( in accordance with clause 44)
3. Certificate from the traffic police, forms No. 12 and 31 ( in accordance with clause 44)
4. A copy of the ruling (or a protocol with a resolution), certified by a traffic police inspector (in accordance with paragraph 44)
5. A copy of the power of attorney of my representative ( in accordance with clause "61,a")
6. A copy of the registration certificate of the vehicle "Volkswagen Golf" state. number: P 000 ХН 99 ( in accordance with clause "61,a")
7. Report No. 10-14 "Determination of the amount of damage from damage in an accident to the vehicle "Volkswagen Golf" registration mark P 000 XN 99" on 24 sheets ( in accordance with paragraph "61,b")
8. A check for payment of examination services on one sheet in the amount of 3,700.00 rubles ( in accordance with clause "61,c")
9. Checks for payment of postal services on 4 sheets in the amount of: 423.00 rubles. ( in accordance with clause "61,e")
10. Photocopies of telegrams with notification of delivery on 2 sheets ( in accordance with paragraph "61,e").

If the nature of the damage, in accordance with clause 45 of RF PP 263, or the characteristics of the damaged property exclude its presentation for inspection and (or) the organization of its independent examination (assessment) at the location of the insurer and (or) the expert, inspection and (or) independent the examination (assessment) is carried out at the location of the damaged property within the period established by this paragraph.
10/31/2005 An expert from an independent expert company inspected the state-owned Volkswagen Golf vehicle. number: P 000 ХН 99.

The amount of damage caused in accordance with the documents presented according to the inventory is: 165644,58 (One hundred sixty-five thousand six hundred forty-four rubles 58 kopecks).

Thus, on 07.11.2005“RESO-Garantiya” received all the necessary documents for the insurer to draw up an “Insured Event Report” and provide me with an insurance payment (in full or in an amount not disputed by the insurer) within the time limits established by the Law.
Since the accident did not cause damage to my health, but only to my property (car), the insurance payment must be made to me within 18 (15+3) working days from the date of submission of the documents provided for in paragraph 44 and paragraph 61 of the Rules ..."

Consequently, the countdown of 15 working days for drawing up the “Insured Event Report”, and the next 3 working days for making payments, begins from 07.11.2005. In case of failure to fulfill obligations within the period established by the Law (until November 28, 2005), I will be forced to file a lawsuit to recover interest under Art. 395 of the Civil Code of the Russian Federation.

paragraph 70 "Rules...", Insurer within 15 working days from the date of receipt of the documents specified in paragraphs 44, 51, 53 - 56, 61 these Rules, draws up an “Insured Event Report”, on the basis of which it makes an insurance payment to the victim or sends a written notice of a complete or partial refusal to pay, indicating the reasons for the refusal.
paragraph 71 "Rules...", in " Insured Event Report" based on available documents(conclusions, calculations, accounts, etc.) insurance payment is calculated And its size is indicated. A copy of the “Insured Event Report” is given by the insurer to the victim.
paragraph 73. In the event of a disagreement between the insurer and the victim regarding the amount of damage to be compensated under the compulsory insurance contract, In any case, the insurer is obliged to make an insurance payment in the part that is not disputed by it.
paragraph 75 "Rules...", insurance payment is made by cash or non-cash payment within 3 working days from the date of the decision on the implementation of insurance payment in accordance with paragraph 70 of these “Rules...”.

I ask you, in accordance with the above paragraphs of the MTPL Rules (RF RF No. 263), to make an insurance payment in the undisputed part by transferring to my bank account. In case of complete or partial refusal, I ask you to issue a “Written Notice” indicating the reasons for the refusal and a copy of the insured event report.
My current account details:…………….

Sincerely, _____________ Kuletsova Elena Nikolaevna
represented by a representative on November 7, 2005

Inventory documents received, specialist "RESO-Garantiya"

____________________ ____________________ _______________________
Signature Full name Position

Option 2
An example version of an application for insurance payment with a call for an inspection by a representative of the insurance company, organized independently. There is no set application form, so you can edit this option to suit your situation.
Good luck.

IN JSC "INGOSSTRAKH"
Moscow, Pyatnitskaya st., 12

from Ivanov Ivan Ivanovich
residing at the address: Moskovskaya
region, Mytishchi, Heroev Panfilov St.
49/3 sq. 25

Application for insurance payment.

07/31/2004 At 18:10 an accident occurred at the address: Moscow, st. Gilyarovsky near house 65 a traffic accident involving the following vehicles and drivers:

1. state-owned car "SKODA OKTABVIA" number: O 999 OO 90, owned by me, under my control, which suffered damage as a result of an accident, insured under compulsory insurance with the ROSNO company, policy No. AAA 0232222134, valid until 06/22/2005.

2. state car "Toyta Land Cruiser" state sign TRANSIT 5353 EP 50 RUS, which was under the control of Kosyakovsky Nikolay Mythical, residing at the address: Moscow, Verkhnyaya Syromyatnicheskaya street, 18 quarter 2005, insurance policy AAA No. 0110222907 issued by IC "INGOSSTRAKH".

The traffic accident occurred as a result of violation of traffic rules by the driver Nikolai Mikhailovich Kosakovsky, which is confirmed by the case materials: Certificate of road accident, Appendix No. 12 and Appendix No. 31 dated 09/07/04, in respect of which protocol AB No. 0399444 dated 08/31/2004 was drawn up. Resolution 77 AB No. 1602543 dated 09/06/2004 was issued.

Kosakovsky is guilty of violating traffic rules and, as a consequence, in the said accident. N.M. admitted when considering the materials of the case of an accident by the Traffic Police Inspector, 1st baht. DPS Central Administrative District.

I intend to exercise my right to an insurance payment. Today, in accordance with paragraph 44 of the “Rules...”, I submitted to “INGOSSTRAKH” (the insurer) an “Application for insurance payment”, indicated the details of my bank account for the non-cash transfer of insurance payment to me, and also attached documents to the specified “Application” According to paragraph .61 "Rules..." provided documents confirming my ownership of the damaged property (car).

List of documents submitted to the Insurance Company:

1. Application for insurance payment provided by the insurance company.
2. Notification of an accident.
3. Certificate from the traffic police, forms No. 12 and 31
4. A copy of the protocol certified by the traffic police inspector
5. A copy of the resolution certified by the traffic police inspector
6. Copy of civil passport.
7. A copy of the telegram about the call to inspect the vehicle.
8. A copy of the vehicle registration certificate, "SKODA OKTABVIA" state. number: C421 OO 90.

The examination was organized by me independently, in accordance with clause 6 of the “Rules for organizing and conducting an independent technical examination of a vehicle when deciding on the payment of insurance compensation under a contract of compulsory civil liability insurance of the owner of a vehicle” (approved by Decree of the Government of the Russian Federation of April 24, 2003 No. 238) by concluding an Agreement with an Independent Expert Organization.

If the nature, in accordance with clause 45 of RF PP 263, of the damage or the characteristics of the damaged property exclude its presentation for inspection and (or) the organization of its independent examination (assessment) at the location of the insurer and (or) the expert, the damage to the vehicle excludes it participation in road traffic, inspection and (or) independent examination (assessment) are carried out at the location of the damaged property within the period established by this paragraph. Damage to "SKODA OKTABVIA" state. number: X 999 OO 90, received as a result of an accident, excludes his participation in road traffic.

I ask you to send your representative with a power of attorney to inspect the damaged vehicle damaged by your policyholder, which will take place at the address: Moscow, st. Verkhnyaya Pervomaiskaya, 35A building 1. at 13:00 on September 10, 2004. If you do not show up, the inspection will be carried out without your participation.

Sincerely,

Ivanov Ivan Ivanovich

"_____" September 2004

Inventory documents received, INGOSSTRAKH specialist

___________________________ ____________________________________
Signature Full name, position in the Investigative Committee