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Web site http://The statement of claim to an individual.
Description
Wrongfully .. guilty. In the courts of general jurisdiction, with the participation of lawyers of the company "Audit lawyer" statement of claim was
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Wrongfully .. guilty. In the courts of general jurisdiction, with the participation of lawyers of the company "Audit lawyer" statement of claim was considered one of the insurance company to an individual who commits a traffic accident.
As you know, if an individual has fled from the accident scene, in accordance with paragraph 14 of the Federal Law "On mandatory insurance of civil liability of vehicle owners" of 2002, the insurance company may recover from the losses on individual insurance benefits. This is very beneficial to the insurer, as it covers its losses at the expense of others. Most insurance companies simulate these situations, using the inaccuracies and errata in compiling the necessary documents to the traffic police. In this case, there was the same situation. Individual - the culprit in the accident and hurt themselves left the scene. It was recorded in the Statement of the insurer.
How to deal with the situation: Carefully study all material administrative proceedings: - emphasis should be given time, which is listed on the inspection of the scene, on the report drawn up by traffic police officers, calling on the map brigade "first aid" - the protocol on administrative violation necessarily must be specified event offenses, article of the Administrative Code or in part, to punish him, explaining the person against whom action is an administrative offense - played an important role of other explanations of the accident, witness the incident. Also, say that the perpetrator of the road - traffic accident fled the accident scene can only be the case when he does leave this place without leaving any data about himself and he did it intentionally. In our case, the perpetrator of the incident, obtained by the accident injury, was forced to leave the scene of an accident to provide him medical care, in which he needed a car and its passengers, the driver's documents were in place, traffic police officers were called at the time of their arrival Both the drivers were on the scene. These facts are confirmed by the documents available in the materials on the administration incident, namely: the other explanations of the accident, the testimony of witnesses, reports traffic police officers, crew certificate call an ambulance, the decision not to institute criminal proceedings, etc. However, the decision Presnensky district court in Moscow, he was convicted not only for violation of traffic rules, but also for leaving the scene. The decision of the district court to recover the amount of damage is always based only on the basis of the decision of the administrative violation. Thus, the Izmailovo district court in Moscow had originally been satisfied with the claims of the insurance company for damages to an individual is under orders Presnensky district court in Moscow on attracting people to administrative responsibility. It was prejudicial and additional evidence or rebuttal is not needed, and therefore other evidence not before the Court and were not studied. Accordingly, in our case, the first priority is to lift the regulations on administrative violations with reference to a misinterpretation of the rules of substantive and procedural rights of the Administrative Code of the RF. In the future, given the fact that the abolition of regulations on bringing to administrative responsibility and the absence of other evidence of guilt, subject to cancellation and the decision of the court of general jurisdiction for damages in the order of art. 392 GIC RF (reversing the decision of the court, which served as the basis for making other decisions) and, consequently, the denial of the lawsuit brought by the insurance company. Гњbergeordnete said decision of the district court left unchanged.
Thus, based on careful study of documents and protection of interests at the stage of administrative proceedings might prove the innocence of an individual and as a consequence, to avoid additional penalty from him by the insurer.
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