Pre-trial claim is a softer and more loyal way to resolve disputes, conflict situations between the parties. Do not immediately get ready to go to court if you have claims to fulfill contractual obligations, or you are unable to agree on the terms of the agreement that would suit both parties. As practice shows, many conflicts, disputes, are completely resolvable without legal proceedings, by drawing up pre-trial claims during the pre-trial settlement of the situation.
Pretrial Claim: Dispute Resolution
By pre-trial settlement of a dispute it is customary to understand the resolution of a problem situation with a second party with the participation of another, third, neutral party, which is an intermediary. Negotiation, correspondence with the counterparty, which allows choosing the optimal way out of the situation that will suit both parties, are chosen as the method of such a settlement.
The expediency and high efficiency of the process is based on the absence of conflict of the parties, when a number of reasons prevent reaching an agreement. This may be the lack of certain experience, specialists, or lack of information on the issue. In order to avoid aggravation of the situation, bringing it to large-scale conflicts, they choose a mediation method based on the participation of the neutral side.
The pre-trial claim, the purpose of which is the pre-trial settlement of disputes, has several advantages:
1. If the trial is usually delayed for a long time, then pre-trial settlement is a quick way to resolve the situation.
2. Pre-trial settlement is most effective and optimal, because as a result, both parties get a way out of a controversial situation that suits them. The second point: the method allows you to maintain partnerships with the counterparty. The third positive side is the absence of the need to resort to forced methods of settlement, because the agreement provides for agreed and voluntary deadlines for resolving the issue.
3. The trial involves associated costs, which is not the case in pre-trial settlement, and allows us to talk about a profitable way to reach an agreement from a financial point of view.
Pretrial claim to an insurance company
In almost any case, receiving insurance compensation brings with it problems associated with a protracted case and paperwork, which can last a long time. Insurers can find fault with every letter, certificate, incorrectly drafted application - they do everything possible to minimize the amount of compensation. The quick receipt of compensation under an insurance contract is a very rare occurrence.
Although a pre-trial complaint to an insurance company (to other instances, for example, to banks) is compiled arbitrarily, however, there are points that should be listed without fail:
1. Indication of information about the insured and the insurer. In the upper left corner, it is required to indicate not only the data of the insured, that is, the client, but also the details of the insurance company, and the name of the person to whom this claim is intended (for example, the director of the insurance company).
2. Description of circumstances. The claim should describe the current situation in as much detail as possible, it must contain accurate data about the time and place of the insured event. If it is an accident, it is better to describe in detail where you were moving, on which side, what happened as a result, and what damage the accident led to. Each fact must be confirmed by certificates, other documents. Indicate surely by whose fault the accident (other incident) was committed, and whether the other side confirms its guilt.
3. Determining the extent of damage. If a conflict with the insurance company arises on the basis of disagreement to pay the required amount of compensation, which is indicated in the contract, this fact should be recorded in the claim, and it is necessary to motivate your disagreement with the decision of the insurer. And remember that every word must be confirmed by certificates.
A pre-trial claim, including to an insurance company, is not only a convenient way to quickly resolve the situation, but also an effective method of dealing with unscrupulous insurance companies.