I was approached by the citizen "sh" due to the fact that he was the culprit. Civil liability of the citizen "sh" was insured on OSAGO and dsago. In the accident injured party, the citizen "C" has been paid insurance indemnity within the statutory limit on the CTP 120,000 rubles. The cost of repair of the victim's vehicle exceeded 300,000 thousand rubles, but the insurance company "Alliance", under the contract of Voluntary insurance of civil liability of the citizen "sh" (limit 1000000 rubles) refused to compensate the aggrieved party, the citizen "C", the difference in the cost of repair, as the car was not presented until the repairs specified in an insurance company, although this clause in a contract is contrary to applicable law.
The victim in road accident the citizen "C" has appealed with a claim in court to recover the 200,000 rubles from the citizen "sh".
I, representing his client's interests, has addressed in court with the petition for attraction as the Respondent insurance company "Alliance", the claim on collecting from the citizen "sh" cash is not recognized.
Lublin district court of Moscow 01.04.2014, case No. 2-959/14 satisfy my request and recognized the actions of insurance "Alliance" contrary to the law "On mandatory insurance of civil liability of vehicle owners" and ruled:
To recover from the JSC IC "Alliance" in favor of the citizen "C" into the account of damages in respect of loss of commodity cost of the car, in payment of services for the evacuation of the car, the cost of the representative in court of compensation of moral harm, expenses on payment of the expert conclusion, the fine and the expenses on payment of state duty in the amount of 220 thousand rubles.
In satisfaction of claim requirements about collecting of funds from the citizen "sh", my client was denied.
Sincerely, lawyer Vladislav Lyzhin.