Complex analysis of the situation with the insurance company. Conclusion of an agreement with the lawyer for cooperation and further familiarization with the case materials
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Publication date: 28.07.2022
Reading time: 12 minutes
Number of views: 238
№
Stage
Term (days)
Cost
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1
Formation of a legal position2 UAH 2,280.00
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2
Preparing case files7 UAH 5,130.00
Taking into account the legal conclusion and the available materials, the lawyer analyses the judicial practice, the current legislation and writes the lawsuit to the court
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3
Receiving court decision120 UAH 4,560.00
The lawyer and the client verify that there are exemptions from the court fee. The lawyer, in agreement with the client, sends the generated receipt for payment of the court fee to the bank or sends the electronic form for payment of the court fee online. After payment, the client sends a receipt to the lawyer for payment. The lawyer files the claim in court and represents the client’s interests in court in order to protect his rights. The maximum number of visits related to the representation of the client’s interests in court is 3, each subsequent visit is additionally paid.
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4
Recourse to executive service7 UAH 1,140.00
The lawyer submits an application to the executive service to open enforcement proceedings for the enforcement of the court decision.
In general
136
UAH 13,110.00
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Recovery from MTPL insurance and CASCO after a road accident
According to current legislation, in order to compensate for damages after a road accident, a driver must have an MTPL insurance policy. It goes without saying that an accident is an unpleasant situation, as it is followed by the hassle of receiving payments. However, if you have information on this issue and enlist the help of an experienced lawyer, you can collect funds from the insurance company with minimal time and nervous costs.
Payment of insurance after a traffic accident: calculation of MTPL insurance
Collection of insurance indemnity under MTPL insurance is carried out under the insurance policy of the auto civilka. Basically, the victim is paid the funds received from the insurance company. Only injured participants in an accident whose damage was caused by the drivers of the insured vehicle have the right to receive monetary compensation. According to the legislation of Ukraine, payments in this situation are made within 10-15 to 90 days after submission of all documents. Any competent insurance lawyer will confirm that the duration of consideration of the documents of the accident participant depends on many factors - the number of injured cars and people, the degree of damage, etc.
To organize the collection of insurance payments, you should contact the insurance company with a statement. After that, specialists conduct an inspection of the car and analysis of the received damages, accordingly, the final amount of payments may be affected by:
● The degree of wear and tear of the vehicle.
● The original market value of the car.
● The cost of future repairs.
● The presence of additional costs, for example, for the evacuation of the car.
When calculating the final amount, the mileage of the car is also important, that is, the actual period of its operation, so many people need legal advice on CASCO, since the amounts of insurance payments are not always clear. For example, the insurance company takes into account what materials will be used to restore the vehicle — components to be replaced, paint materials for body restoration, etc. At the same time, the price of components is taken into account taking into account their depreciation.
MTPL insurance: recovery from traffic accidents with injured people
In the event that the accident resulted in damage not only to the car, but also to people's health, a competent insurance claims lawyer must emphasize that compensation is calculated according to the following principles:
● The amount is calculated based on the complexity of the treatment.
● The need to transport the victim to a medical facility is taken into account.
● The amount includes the cost of rehabilitation after treatment.
The compensation includes the period during which the person was unable to work + reimbursement of underearned income is carried out.
According to the current legislation, if a road accident resulted in the death of one of the participants, his representative is paid no less than 12 minimum medical expenses. Damages must be compensated within 15-90 days from the date of submission of the application to the insurance company. Otherwise, the representative of the victim will need a lawyer from the MTPL insurance. A lawyer is also needed in case of any disputes with the insurance company related to refusal to pay compensation or intentional reduction of the insurance amount.
Collection of CASCO insurance payments
When buying a car, in addition to MTPL insurance, CASCO insurance can be issued. This is the insurance of the vehicle in case of its damage or theft. CASCO can be used even if the car involved in an accident was damaged due to the fault of its owner. The insurance is purchased at one's own will and allows the culprit of the accident to quickly reimburse the costs of repairing and restoring the car.
If an accident has occurred, the lawyer of the insurance company must first of all resolve the following issues upon application by the car owner:
● What risks are covered by the insurance in accordance with the terms of the contract with the insurance company.
● Full or partial CASCO was issued.
● The amount of payments expected in the event of an insured event.
It is best to take out an insurance policy that will cover all possible risks to avoid lawsuits. For example, theft, collision, collision, damage and any other reasons, so that the payment of insurance compensation is made transparently and as quickly as possible after the accident. At the same time, as noted by insurance lawyers, in order to receive the full amount possible for the incident, the car owner needs to notify the insurance company about the event within 3 days. He writes a statement about the need for compensation. Then the insurer's experts conduct an examination and evaluation, and only then will they calculate the amount.
It is noteworthy that insurers in Ukraine set CASCO rates independently, so this type of insurance is not regulated by Ukrainian legislation. It is not surprising that in the event of an accident, many car owners need help in obtaining insurance compensation, since insurers do not always fulfill their obligations - they underestimate the amount of compensation or refuse to pay it.
Assistance in receiving payment from MTPL insurance or CASCO
An accident insurance claims lawyer at an insurance company usually acts in favor of his organization. Therefore, the services of an insurance lawyer to allow the car owner to explain in as much detail as possible all points and questions regarding the payment of compensation. First of all, a third-party specialist conducts a comprehensive analysis of the situation with the insurance company. Then the lawyer concludes a cooperation agreement with a lawyer in the insurance company in order to be able to familiarize himself with the case materials. To implement the first stage of cooperation with the client, a lawyer from CASCO or MTPL insurance must receive the following documents from him:
● Passport and TIN.
● Official permission of the insurance company to pay a partial amount or refuse it.
● Documents related to road accidents - this issue is decided individually.
In the future, the insurance benefits lawyer conducts an analysis of court practice, analyzes the current legislation, and then prepares a statement of claim to the court. In the process of lawsuits, the lawyer accompanies the client and answers all questions, protects his interests in court. Usually, the maximum number of submissions in court is 3, the following ones are paid additionally. After receiving a court decision, an insurance lawyer ensures that his executive office acts in favor of the client.
If you have a situation where you need to organize a payment appeal from the MTPL insurance or CASCO, contact our resource. You will be able to access the contacts of the best lawyers who work with road accidents.
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