The reason why the FSO filed a lawsuit against a famous actor was the accident that happened back in October 2016. It was on Kutuzovsky Prospekt in Moscow. While driving his Mercedes-Benz (the model is not specified in the case file. - Note. “Driving”), Leonid Yarmolnik, as they say, “assembled” three cars at once. One of them - Mercedes-Benz ML 350 - belonged to the Federal Security Service. The insurance culprit paid the FSO required for compulsory motor liability insurance 400 thousand rubles. The special service acknowledged the fact of payment and initially agreed with the results of an expert assessment of the cost of repairs. But after almost two years it turned out that the money for the repair was not enough - it allegedly required another 833 thousand rubles.
“The result is one, but the prices are different”
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The legal dispute between Leonid Yarmolnik and the power department lasted for many months. The first meeting was held on August 21. On it, the defendant’s lawyer insisted that after the accident, the experts estimated the amount of damage at 710, 100 rubles, taking into account the wear of the parts. Where did the 1, 233 thousand rubles come from, on which the FSO insists, is a mystery. However, the evidence presented by the parties at the trial was not enough for the court to make a decision. The consideration of the case was postponed because the representative of the special services could not provide a copy of the vehicle title requested by the court.
By the second meeting, a copy appeared, but a representative of the FSO (already different) could not explain who it was certified by. Since he did not have the original TCP with him, the court could not verify the authenticity of the copy and again demanded that documents be brought to the meeting, but already duly executed. At the same time, Yarmolnik’s side proposed that the FSO agree on a settlement: the actor is ready to pay the damage that the insurance expertise after the accident counted - 310 thousand rubles (over 400 thousand already paid by Ingosstrakh). But the representative of the plaintiff considered that this money would not cover the cost of repairs. The position is unequivocal: pay another 833 thousand rubles.
“You can repair the same Mercedes in a car repair shop in Zhulebino, or you can repair it in the Kremlin garage. The result will be one, but the prices are different. And only by applying such a category as justice, the court can set a reasonable price for compensation for harm caused,”explains Yarmolnik’s lawyer Andrei Belyakov.
Yarmolnik lost and will pay FSO for Mercedes
Well, very prompt repair
Not only representatives of Yarmolnik, but also the artist himself spoke about the many inconsistencies that are present in the case. Most of the questions are caused by the documents issued during the receipt of the FSO car for repair at the Mercedes-Benz Avilon service center, with which they have a state contract. According to the order-side, the Mercedes-Benz ML 350 fell into the hands of Avilon mechanics on January 23, 2017, and was returned to the owner … January 23, 2017.
Agree, not enough, given that the car was seriously damaged. In an accident, among other things, the rear right door, rear right wing, bumper, right headlight and other elements of the car on the right and rear were damaged (pay attention to this). It would take many days only to order and receive the interior trim, the respondent claims. According to experts, taking into account all the damage, repair should have taken 101.72 working hours, that is, the machine should have been in service for about 2 weeks. Subsequently, the FSO wrote off the incident with dates for a technical malfunction in the program of the technical center.
No signature, no date
The oddities don't end there. In the act of work performed by Avilon, in addition to the cost of repairs and the names of the employees involved in the reception and issuance of the car, there is no more data. “Three officers signed it. Neither the date of the signature, nor the date of approval by the bosses - nothing at all. Would you go to court with a document that has neither a date nor a surname in the column: “I affirm”? Yes, the authorities would take all the skins off of you! And they went because they treat the courts disrespectfully, as to shredders - they say they’ll eat up everything anyway,”says Andrei Belyakov.
According to the report of experts of the insurance company, as a result of the accident, Mercedes suffered damage to the side and back. However, as Leonid Yarmolnik’s lawyer points out, new items suddenly appear in the repair estimate from Avilon - for example, the front bumper and headlights:
But back to the contract between the FSO and Avilon, according to which the Mercedes-Benz ML 350 was repaired for 1, 233 thousand rubles. From the materials of the case it follows that the contract was concluded on December 14, 2016, but began to act on December 1, 2016. “That's why they (representatives of the FSO. - Note“At the wheel”) simply took and included in it the past two weeks? I wouldn’t know, but at the first meeting they brought me two more contracts, the validity period of one of which interrupts this one in a wonderful way,”says Andrey Belyakov. “That is, they could have repaired Mercedes under the old contract, but instead, for some reason, they designed a new one.”
Three strange kilometers
…
The accident certificate states that the damaged Mercedes-Benz ML 350 after the accident could not move independently. Where in this case did the extra 3 km run on the speedometer come from when the car came to be repaired for service? By the way, the path from the accident site to the dealership is 12 km.
The lawyer does not exclude that the FSO employees could repair the car in their garage, and when the question arose of how to write off the money for it, a state contract appeared with Avilon, issued retroactively. “That is, at first they (representatives of the FSO), roughly speaking, deceived the state, and then blamed this on Yarmolnik,” Belyakov explains.
In November last year, at the request of Yarmolnik, the court ordered an independent examination. After examining the photos of the damaged Mercedes, the specialist came to the conclusion that the amount of repair of the FSO car in 2012 should have been significantly less than 1.2 million rubles, which the plaintiff insisted on.
If not for Yarmolnik …
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According to the lawyer, inaccuracies in the documents and overestimated figures are proof that intelligence officers did not expect a response from the defendant. If it was not about a famous artist, but about an ordinary motorist, the decision would have been made at the first meeting and with a probability of 99% is not in his favor. “This is an absolutely ordinary thing. If it were not for Yarmolnik, he would have been considered and recovered for a long time, by his decision covering up the “strange” financial actions of the FSO. The court would not even delve into all these papers. Are there doubts that the FSO paid exactly 800 thousand for repairs? (The lawyer means the funds minus 400 thousand according to compulsory motor liability insurance. - Note “Driving”). No doubt. Collect everything,”explains Andrey Belyakov.
Leonid Yarmolnik claims that he fought not so much for money, but for justice. During a break in today's court hearing, he told Za Driving that he did not blame the entire Federal Security Service for this unpleasant situation. In his opinion, there is the impudence of one of the responsible employees in the FSO system, which oversees the activities of special purpose garages. “I know very well that they have their own garages where they repair company cars. And here they decided not only to repair the car, but also to earn money, patch holes. Why they chose me for these purposes is not clear to me. They probably thought that the artist had a lot of money and he won’t check anything,”the actor suggested.
How did it end
Having examined the arguments of both parties, the court decided to satisfy the claim of the FSO. But partially. Now Leonid Yarmolnik must pay the special service 434 thousand rubles. After the meeting, the artist admitted that he was quite happy with such a result and he was not going to appeal the decision. Yarmolnik can be understood: firstly, he initially proposed to reimburse the FSO 310 thousand rubles. The total amount was not much more. And secondly, he became one of the few who managed to win (albeit partially) in a dispute with such a serious power structure.
I'd like to give some practical advice to all motorists, but this is the rare case when, in general, there is nothing to advise. Unless you are afraid to defend your rights through the courts … Well, it would be nice to have an experienced lawyer in reserve … And stay away from cars of government bodies. Even if you are Leonid Yarmolnik.
