The insurance company asks to compensate for the damage on the OSAGO. What to do if the insurance company sued for subrogation. After an accident, the insurance company sued what to do

The insurance company can claim damages from the person responsible for the accident in two ways.- in the order of recourse or subrogation. In both cases, articles of the Civil Code of the Russian Federation (1081 and 965, respectively) apply. In case of recourse, the claim is based on compensation for damage under the OSAGO policy, and in the second - under the CASCO insurance contract. The algorithm remains unchanged. The insurance company first makes payments itself, and then claims money from the client through the court.

Consider when the insurer has the right to claim damages, what are the possible consequences, and what are the differences between subrogation and recourse.

Deadlines for sending notices

In practice, there are situations when Insurance Company requires compensation for damage for an accident not immediately, but after a certain time period after the accident. For example, the insurer turns to the culprit after two and a half years. To avoid problems in the future, the car owner is advised to keep and not throw away the accident papers for three years (the statute of limitations period). According to the law, it is during this period that the insurer has the right to apply to the client with a request to return the previously paid amount.

If the notice has arrived, there is no need to panic or take extreme measures (sell real estate, borrow money, and so on). Difficulties that have arisen with a competent approach are easy to solve. This requires the help of a lawyer who assesses the current situation and suggests ways out of the situation. An expert in the legal field assesses the likelihood of winning in court and protects the interests of the client.

The car owner must immediately decide whether he agrees with the requirements of the insurer or not. In the case of a negative answer, filing a statement of claim and proceedings in a judicial authority is indispensable.

Foundations

The task of any insurer is to generate income and find any way to avoid fulfilling financial obligations. The desire of the company to return the funds spent is easy to explain (especially if there are legal grounds). In this case, money can be claimed only from the guilty party.

Car owners who are faced with such a situation are interested in the legality of the actions of the insurer. According to the law, there are only two ways when the insurer has the right to demand the return of the funds paid:

1. Subrogation- the right of the insurance company serving the culprit of the accident to demand from the client the money listed as compensation for damage to repair the vehicle. The possibility of subrogation appears after the fulfillment of financial obligations and the transfer of the required amount. In other words, the injured person received compensation and has no claims against the other side of the accident. The right to claim the transferred amount is received by the insurance company. Such circumstances are typical if the perpetrator has a CASCO policy ( voluntary insurance). Damage must be compensated under the terms of this contract.
2. Regression- no less common term found in the field of insurance services. The insurer, as it were, punishes the culprit for the crime that takes place on the roadway. The onset of regression is possible in several situations. Common reasons are driving a vehicle without a power of attorney, the absence of a driver in the OSAGO policy, intentionally causing an emergency on the road. Recourse is also possible in other circumstances - when the perpetrator is hiding from the scene of the accident or the driver is intoxicated (under the influence of drugs, alcohol or other means).

The agreement with the insurance company often specifies the reasons why the insurer has the right not to make payments. These paragraphs deal with situations that do not apply to insured events. In other words, the OSAGO insured violates the terms of the issued policy, so the insurance company disclaims responsibility and requires the return of previously paid funds. As a result, the task of covering the damage passes to the guilty party.

case from practice

After an accident, the insurance company requires compensation for damage, although two years have passed since the accident. During the accident, the property of a third party was damaged, so the insurer paid the required amount for CASCO, but is now trying to return it back. At the time of the accident, the guilty party had an OSAGO contract, therefore, under the terms of the policy, the insurer must pay the injured party 0.4 million rubles. If the amount of damage exceeds the specified limit, the insurance organization transfers only 0.4 million, and the rest of the amount falls on the shoulders of the guilty party.

At first glance, the situation is clear. Difficulties arise when there are two or more perpetrators of the accident. A similar problem is typical in the absence of an established culprit, when two people are involved in an accident, but the fault of none of them has been established. For example, drivers collided with each other due to icy conditions on the road.

Under such circumstances, each insurer protects the interests of its client and acts in its own interests. No one is eager to shell out, so the case is referred to the judicial authority to determine the true culprit of the incident (if it was not possible to establish it as a result of disputes).

Insurance companies have extensive experience in such cases, they involve a staff of lawyers who know the loopholes of insurance legislation. That's why it's hard for a car owner to defend themselves without the right support. The best way is to immediately contact a lawyer and entrust him with the work of protecting interests in court. Only an experienced person can understand the circumstances and offer the best ways to eliminate difficulties.

Consequences for the defendant

Consider a situation where an insurance company filed a lawsuit with a judicial authority demanding the return of the amount paid earlier. The car owner (defendant) expects the following consequences:

• the person returns the full amount to the insurer;
• the culprit transfers less than the requested amount of funds;
• the defendant does not return the money at all.

The second and third points are of the greatest interest to the defendants and require detailed consideration. Such a result is possible in case of involvement of an experienced lawyer. Many save on lawyers, and as a result they lose the court and pay even more money. The requirement of insurers to return the amount paid is the case when you cannot do without the help of an experienced expert.

Lawyers know the nuances of the work of the IC, are able to bypass the "sharp corners" and help debtors to quickly get rid of the problem that has arisen. There are situations when the insurance company requires more than the prescribed amount. Sometimes insurers abuse position and can use different ways to generate income:

1. Indication of false information in documents.
2. Correction of information.
3. The threat of having to compensate the costs of the judiciary.

The UK has many tools at its disposal to put pressure on car owners and get the desired amount. The lawyer's task at this stage is to carefully study the client's case, verify the authenticity of the information transmitted, study the results of the examination (an expert is required). In many cases, legal support guarantees the protection of the interests of the car owner. Under favorable circumstances, lawyers seek partial coverage of the claim or denial of satisfaction.

The above indicates what to do when the insurer goes to court with a claim for damages. The main thing is to maintain participation in the process and not let the matter be decided by itself. Even in the absence of grounds for withholding funds, the car owner needs to protect personal interests and provide appropriate evidence. The presence of a written notice of filing a lawsuit is an indicator that pushes the insured to perform a set of actions, including hiring a lawyer.

The absence of the defendant in court increases the chances of the insurer to win and recover damages. For example, a car owner is sure that he is right and knows that he does not owe anything to the insurance company. He counts on the adequacy of the judicial body and its ability to independently understand the situation. As a result, the person ignores the notice and does not come to meetings. Under such circumstances, you can be sure that the claim will be satisfied by the judicial authority.

The only salvation is to challenge the decision of the judicial authority, but this will take more time, effort and money. That is why it is impossible to delay the process - it is important to act immediately and protect personal interests.

How to deal with a recent guilty plea

In life, a situation is common when the car owner gets into an accident, is the guilty party, and the victim has a CASCO policy at his disposal. The other side received cash payments and, it would seem, no one has any claims. But this is no reason to relax. The UK has three years to file a claim. To avoid difficulties in the future, you need to take the following steps:

• come and personally be present during the inspection of the vehicle (it is better to bring an independent expert who is ready to express a personal point of view);
• learn about the results of the calculations of the insurer.

The insurance organization often specifically increases the cost of damage to the injured party's car. At the same time, in practice, a car is repaired at minimal cost at a partner service. Subsequently, a person receives a bill, realizing the impossibility of repaying it. That is why the presence of the car owner at all stages of the calculation is of key importance. This guarantees control and no cheating.

Benefits of Legal Aid

In the previous sections, the benefits of involving lawyers have been repeatedly noted. An experienced lawyer studies the case, and then chooses the appropriate defense strategy. In practice, there are several options:

1. Reducing the amount of damage in case of an accident. If the insurer pays money to the injured party or the insured, the culprit has the right to demand a change in the amount of payments. The UK can ask for compensation for damages, provided that the calculations are correct. In other cases, the actions of the organization are illegal.
2. Appealing the legitimacy of claims. Under such circumstances, the lawyer examines the case documentation used to extract funds from the car owner. In the presence of errors or the absence of any papers, the claim of the UK is illegal. The insurer loses the right to demand payment of damages from the person responsible for the accident.
3. Respondent status change. Sometimes lawyers undertake to appeal the guilt of a participant in an accident, who was initially recognized as the guilty party. If the IC assures that the defendant is guilty, the latter has the right to prove the opposite and protect his interests in this way.

The success of the event depends on many factors, starting with the documentary base, ending with the experience of the involved lawyer.

Beware of scammers

In recent years, there has been a widespread situation when the insured claims to cover damage for an amount exceeding the amount of damage. At the same time, the UK submits suspicious calculations for examination. The involvement of a lawyer allows you to challenge such results through the court or out of court. Therefore, there is no need to rush to pay the invoice for the submitted claim. If there are doubts about the reality of the repair amount, it is important to understand the papers containing the necessary information and check the veracity of the calculations.

When studying calculations, it is important to take into account the following points - the correspondence of the work performed to the level of damage, the presence of unnecessary details in the list, repeated accounting for the same operation, the cost of an hour of work, and so on. All of these components are subject to error. Sometimes the UK goes even further - they forge documents, relying on the incompetence of the defendant. In this case, you will need the help of a lawyer who is ready to bring the deceivers to "clean water".

Results

If the insurance company requires damages, the best solution for the culprit is to contact a lawyer right away. The specialist studies the situation, develops the right strategy and helps to avoid financial obligations.

As you already understood, filing a claim by the insurer in the order of subrogation is quite legal, and you will have to figure it out either before the court, or already in court. In such a situation, you have several options:

• Pay what the insurer asks before the trial

• Pay by court order

• Reduce claims amount

• Dispute the full amount of the debt and pay nothing

As is known, The best way protection is an attack, which can be used as a review of the insurer's damage assessment. By asking the insurer for a copy of the calculation on the basis of which they were paid the insurance indemnity, you can contact an independent appraiser who will either confirm the amount of damage or refute it. If the amount of damage is lower, then you can try to negotiate a payment of a lower amount.

After an accident, the insurance company requires compensation for damage

Try to reduce the amount of claims The legislator provides that even if the insurer has already paid compensation for damage caused to the injured motorist in an accident, the person responsible for the accident can dispute the amount of such compensation. This right is guaranteed by the Civil Code of the Russian Federation.

Attention

The insurance company has the right to make claims in the order of recourse, the amount of which does not exceed the compensation actually paid to the victim. In order to dispute the amount claimed by the insurance company, it is necessary to conduct a very thorough analysis of each of the documents referred to by the insurer.

First of all, you need to study the act of inspecting the car and calculating the cost of repairs.

The insurance company is demanding compensation for the accident

What to do? If the situation described above occurs, bring the documents presented to you by the insurance company, our lawyers will assess the legal perspective of your case for free, and our experts will check for free whether the calculations of the cost of repairing a damaged car are objective. In accordance with paragraph 1 of Art. 965 of the Civil Code of the Russian Federation, the insurer that paid the insurance indemnity transfers, within the amount paid, the right to claim that the insured (beneficiary) has against the person responsible for the losses reimbursed as a result of insurance.

What does it mean? Let's take an example. As a result of an accident in which you were found guilty, a car insured under CASCO was damaged. It would seem that everything is in order, you are repairing your car, and the victim is repairing his own at the expense of the insurance company with which he has an agreement.
And no one has any complaints.

After the payment of OSAGO, the insurance company requires the return of part of the money.

It should be clarified that the perpetrator of the accident may find that the claim was sent to him only two years after the fact of the accident. But, here it is necessary to understand whether the amount of compensation claimed in the claim is justified and whether it makes sense to fight for your rights, or whether it is easier to agree with the requirements of the insurance company and discuss the terms of the installment plan.

Usually, in such matters, insurers allow installments. How should a claim be made? Quite often it happens that the claim sent by the insurer to the person responsible for the accident is a letter that briefly describes the fact of the accident, called regulations and the amount to be paid.

The insurance company wants money from you.

After receiving the documents, you should refer to a clear procedure that will save you unnecessary trouble. What is the best way to do it?

1. Check submitted papers.
2. Clarify the correctness of the calculations with the help of an independent expert.
3. Check submitted receipts to verify the costs of the insurer.
4. Contact a professional lawyer.

Drivers do not consider the last item mandatory and are greatly mistaken.

Without the help of specialists, it is impossible to cope with the problem. Only they have the knowledge to carry out the verification step by step, excluding fraud and incorrect data. Independent actions lead to numerous omissions that result in a mandatory payment.
Subrogation for an insurance company Subrogation first appeared in 2011.

What to do if the insurance company sued for subrogation

Usually this is due to the excess of the cost of repairing the cars of the victims, so the transfer will still have to be made. Such an action remains lawful, and one cannot simply forget about it.

Important

Someone else's insurance company Not necessarily your own insurance company requires compensation. The driver can receive a claim from a third-party company, which is also spelled out in the legislation of the Russian Federation.

The submitted document must indicate the reasons for this. Usually they are CASCO, which guarantees transfers regardless of the details of the incident. After an accident, the insurance company requires compensation for damages at the expense of funds transferred to a third party.
Organizations usually resolve such incidents among themselves, but this is not always possible. As a result, the car owner has to attend the trial, becoming its mandatory participant.
Otherwise, you will definitely have to compensate for the damage caused to another car.

After an accident, the insurance company sued, what should I do?

To challenge the legality of the sum insured It is mandatory to conduct a qualified legal examination of the entire package of documents on the basis of which the insurer paid cash on account of compensation for harm to a motorist injured in a traffic accident. It is best to contact a competent lawyer to solve this problem, who will not only advise what to do in this situation, but will also take care of the preparation of all necessary documents.

The cost of such services of a car lawyer is much lower than the amount of compensation required by way of recourse by the insurance company. A good lawyer can even prove that the insurance payments were not made in accordance with the law and, therefore, make the recourse procedure against the culprit of the accident impossible. Challenging Guilt Lawyers practicing in the field of insurance law often use this tactic.
False results of examinations and a simple falsification of the information provided are rude actions designed for intimidated car owners. They don't try to figure it out, preferring to just transfer a reasonable amount to match the claim. As a result, people give away their own money, agreeing with the lie. Bullying customers is a rough move used by beginners. There are proven actions based on litigation, so transfers should be made after receiving a formal decision. If this did not happen, you should not even pay a fine for an overdue OSAGO policy.

Important! Subrogation for an insurance company is provided for by the legislation of the Russian Federation, but it can be challenged in court. Protecting the culprit in an accident is possible Protecting the culprit in an accident seems pointless.

The insurance company requires compensation for damage for an accident, so you have to strictly agree to the payment.

The insurance company asks to return the payment for OSAGO I am the victim

Important! Usually, the appeal of a foreign insurer occurs due to the closure of the organization in which the car was once insured. How to reduce the amount of damage? When the insurance company requires compensation for damage under CASCO, the amounts will become significant. Drivers don't want to face these costs, so they'll need a lawyer to advise them on how to reassess the damage. Otherwise, the damages compensated will have to be paid. How to act in such a situation?

• Order an independent examination;
• Request a recalculation of costs;
• Check the policies of the victims.

If the insurance company requires a refund of OSAGO money from the culprit, it is not necessary to check the statute of limitations.

It is 3 years, so this condition surely not broken. Although it would be useful to order an examination, and then demand a recalculation of the amounts.

This situation is deceptively calm, since the insurance company, which paid more than 120,000 rubles for the victim's Mercedes, may demand reimbursement of all its costs through the court. This right is granted to the insurance company by Article 965 of the Civil Code of the Russian Federation, it is called "subrogation". At the same time, the insurance company receives the right to recover from the culprit of the accident all the money that she paid for the repair of the car of the injured person. Moreover, such a claim can be filed within 3 years from the day the accident occurred. Often there are situations when the driver already forgets about the accident for which he was found guilty, and he receives a subpoena in one and a half to two years. This is due to the fact that insurance companies work with a large number of cases, their employees often change, and as a result, they manage to file a lawsuit only after a rather long period of time.
In the last three years, more and more often drivers who are facing a court case with an insurance company in the order of subrogation are turning. In this article, we will look at how to act if the insurance company has filed a lawsuit.

In legal parlance, this is called subrogation. Subrogation is understood as the transfer to the insurer of the right to demand from the person guilty of causing harm to the person the amount of the paid insurance compensation.

Consider an illustrative example: Let's assume that an accident occurred, involving drivers of Mercedes and Zhiguli cars. The driver of the Zhiguli car was recognized as the culprit of this accident. The Mercedes driver has a valid CASCO policy, he has no claims against the culprit and goes to receive money from his CASCO insurance company. The driver of the Zhiguli feels safe - after all, they didn’t take money from him for repairs, he somehow patched up his car and continues to drive calmly.

Such actions remain a common mistake, because each participant in the accident has his own rights. They should be used to achieve justice. The defense of the culprit is always based on the results of independent examinations and testimonies.

It is focused on coordinating all amounts with the second party, which can significantly reduce the size of transfers. You just need to contact a lawyer, without his support you can not cope with a difficult situation. Within 3 years after the traffic accident, each insurance company has the right to file a claim against the car owner. He may not be her client, but after the accident, unexpected nuances appear every time. Their clarification during the trial allows you to get an official decision that tells you how legitimate the claim is.

It is not uncommon now for situations when, after some time, the insurance company issues an invoice for the n-th amount of money to the culprit of the accident. This is due to the fact that in 2014 amendments to The federal law No. 223 “On Compulsory Insurance of Civil Liability of Vehicle Owners” and certain legislative acts of the Russian Federation.

Many drivers are interested in the question of how this happens, what they owe and what can be done in this situation. This is due to the rights of recourse and subrogation. (Art. 1081 and 965 of the Civil Code of the Russian Federation), which will also be discussed in this article.

Is a partial refund possible?

The insurance company pays damages according to the amount determined by the vehicle appraisal expert.

The most common situations are when an expert establishes a certain amount of damage, after which the victim states that . In these cases, the victim turns to the perpetrator of the incident with a demand to pay the resulting difference. The appeal occurs to the culprit, and not to the insurance company, precisely because it will be much easier to receive a payment directly from a specific person than from an insurance company.

In what cases is a refund required?

There are several cases in which insurance companies require the culprit to pay damages from an accident:

• (Article 965 of the Civil Code of the Russian Federation) the insurance company requires the culprit to reimburse the funds that it paid to its client under CASCO. Thus, initially the insurance company pays money to its client, after which it collects the same amount from the culprit of the accident;
• By way of recourse (Article 1081 of the Civil Code of the Russian Federation) OSAGO, in accordance with Federal Law No. 223 Article 14. In other words, the insurer demands compensation for the damage that was paid to the victim under the compulsory insurance policy.

The reasons for the application of recourse are the special illegal actions of the perpetrator of the incident, which are discussed in detail in Article 14 of the Federal Law.

Namely:

• The perpetrator of the accident intentionally harmed the life or health of the victim;
• The culprit caused harm while driving under the influence of alcohol (and other) intoxication;
• The culprit did not have the right to use the car (for example, there were no rights);
• The perpetrator fled the scene of the accident.

Pre-trial practice

Pre-trial proceedings are carried out, as a rule, with subrogation under CASCO. Initially, the insurance company does not sue the perpetrator, but sends him a claim, where he calls for compensation of the damage of his own free will. It is worth noting that the culprit may receive claim letter after 2 - 2.5 years after a traffic accident. However, here it is important to understand how the requested amount is justified and whether it is necessary to defend your rights or it is better to agree on an installment plan. As a rule, in matters of installment insurance companies meet halfway.

Claim procedure

Very often it happens that the insurance claim is a paper, where the fact of the accident is listed, articles of the law are listed and an invoice is issued. This requirement is unreasonable, since a number of documents must be attached to it, namely:

• Official papers confirming the amount of damage caused: an act on the inspection of the vehicle by experts from detailed description damage. Also, original photographs and a calculation of the amount of repairs, or a receipt for payment, must be attached;
• Papers that are proof of guilt: certificate of transport traffic accident, an opinion on an administrative violation or a court opinion;
• Papers that confirm the right to subrogation: a copy of the vehicle passport, a photocopy of the policy and a payment receipt, a copy of the statement of the insured person that an insured event has occurred.

Additional documents:

• Only after the insurance company pays compensation to the victim, does it get the right to recover funds from the culprit;
• Therefore, the sum monetary claim to the perpetrator must be within the amount paid to the victim.

Note: for the perpetrator of a traffic accident, which became such in the performance of official duties, his employer must pay.

legal assistance

If, after an accident, the insurance company will demand compensation for damage, it should. He can use several methods of protection:

• Reduce the amount of damage caused by an accident. If the insurance company reimbursed the victim or its client, the culprit has the right to challenge the amount of the payment. The insurance company has the right to ask for compensation for damage only if it was correctly calculated;
• Complain about the legitimacy of a payment. In this situation, a general legal examination of official papers is carried out, which became the basis for the insurance company to pay its client. If it is found that the documents contain errors, or if it is determined that the documents are missing, the payment is considered illegal. Thus, the insurance company is deprived of the right to demand compensation for damage from the person responsible for the traffic accident;
• Complain at fault in an accident. In some cases, during the examination, lawyers reveal that the person responsible for the fact of the traffic accident is not guilty, or partially guilty. And here, even when a claim came from the insurance company, which states that you are the culprit of a traffic accident, you have the right to try to prove your innocence in court.

Can insurers cheat?

There are frequent cases when, during subrogation, the insurance company demands compensation for damages in an amount greater than that which was reimbursed to the client. To this end, they provide dubious calculations that can be easily challenged by a professional either before the trial in court or in the court itself. This means that you should not immediately pay the invoice presented to you in the claim. When there is doubt about whether the amount of the repair is real, it is recommended to understand all the documents that contain information on the damage assessment, as well as to check the accuracy of all calculations. You can check your calculations by answering the questions below:

• To what extent do car repairs correspond to the damages indicated in the certificate of a traffic accident? Perhaps you will find damage that is not justified by anything?
• Perhaps there are extra parts in the list of parts to be replaced?
• Perhaps the same parts were counted several times?
• How realistic are the cost of parts and labor hours?

It happens when insurers forge documents in the hope of the incompetence of the person responsible for the accident. For example, the injured driver estimated the cost of repairing his car at a much higher amount than the insurance paid him. And insurers, demanding compensation for the loss, present the documents submitted by the victims to the perpetrator of the accident.

In the last three years, more and more often drivers who are facing a court case with an insurance company in the order of subrogation are turning. In this article, we will look at how to proceed if insurance company sued.

In the language of the law, this is called subrogation. Subrogation is understood as the transfer to the insurer of the right to demand from the person guilty of causing harm to the person the amount of the paid insurance compensation.

Consider an illustrative example:

Suppose that an accident has occurred, with the participation of drivers of Mercedes and Zhiguli cars. The driver of the Zhiguli car was recognized as the culprit of this accident. The Mercedes driver has a valid CASCO policy, he has no claims against the culprit and goes to receive money from his CASCO insurance company.

The driver of the Zhiguli feels safe - after all, they didn’t take money from him for repairs, he somehow patched up his car and continues to drive calmly.

This situation is deceptively calm, since the insurance company, which paid more than 120,000 rubles for the victim's Mercedes, may demand reimbursement of all its costs through the court.

This right is granted to the insurance company by Article 965 of the Civil Code of the Russian Federation, it is called "subrogation".

At the same time, the insurance company receives the right to recover from the culprit of the accident all the money that she paid for the repair of the car of the injured person.

Moreover, such a claim can be filed within 3 years from the day the accident occurred.

Often there are situations when the driver already forgets about the accident for which he was found guilty, and he receives a subpoena in one and a half to two years.

This is due to the fact that insurance companies work with a large number of cases, their employees often change, and as a result, they manage to file a lawsuit only after a rather long period of time. It must be remembered that an insurance company is, first of all, a commercial organization, the main purpose of which is to make a profit, therefore, cases when the insurance company does not “beat back” its money are extremely rare. This is mainly due to insufficient organization of work in the company itself.

Therefore, the surprise of our Zhiguli driver will be very strong when, two and a half years after the accident, he receives a summons and a copy of the statement of claim demanding to pay a fairly tidy sum of compensation for damage from an accident to an unknown insurance company.

Sometimes the requirements of this company will be legitimate, and in their justification it will attach the maximum number of documents confirming its costs.

What to do if the insurance company sued and demands to pay money in the order of subrogation:

1. It is necessary to thoroughly check the documents on the basis of which the money is required. In most cases, you will be presented with a regular work order with a list of work and the cost of new spare parts, and even at the prices of an authorized dealer. And by law, it is required to attach an assessment report taking into account the wear and tear of spare parts. By checking this data, we help to reduce the required amount.
2. Identify weaknesses and challenge the damaged vehicle valuation report. Quite often it happens that extra spare parts appear in the report, inflated prices or the same parts are counted several times.
3. Analyze all materials of the accident, in order to identify inaccuracies and contradictions. In our practice, they can be detected quite often. There are situations when it is advisable to challenge the guilt in the accident.
4. In addition, there are several more real clues and opportunities to avoid a lawsuit with an insurance company that can be identified during a detailed analysis of your case.

According to the experience of conducting subrogation cases against insurance companies, in 8 cases out of 10 it is possible to significantly reduce the amount or not pay at all.

The insurance company may make a claim to the person responsible for the accident to compensate for the damage that it reimbursed to the injured persons. In which cases such a requirement is possible and what needs to be done - this is discussed in detail in this article.

Before proceeding to the instructions, which will be a direct answer to the question “what to do?”, It is necessary to understand indirect questions.

1. In what cases does the insurance company have the right to demand compensation from the person responsible for the accident?
2. Can an insurance organization cheat by making a claim?
3. How is subrogation different from regression?

When can I receive a notice of a claim for damages?

The demand can be sent to the perpetrator of the accident as later a short time, after the accident, and after a decent period of time, for example, after 2.5 years. It must be said right away that in order to avoid any trouble, you need to keep the documents about the accident in which you were the culprit for at least 3 years (this is the expiration date for filing a claim). The amount that an insurance company can demand, without exaggeration, can be shocking. But do not panic, despair and plan to sell your property or get into debt. The problem should be approached calmly, it is recommended to get advice from a professional lawyer so that he can assess your chances of success in challenging the claim in court. And, you need to understand in advance that if you do not agree with the requirement put forward by the insurance company, you will not be able to do without a trial.

On what grounds does the IC demand compensation for damages?

Any insurance organization is interested in making a profit and is looking for any clue to replenish its capital. It is logical that the IC wants to receive the funds that it spent, according to the contract with the insurer (injured person), to compensate for damage to the property of its client. And, of course, she can demand money only from the culprit of the accident. But is such a requirement always possible and legal? No. There are two cases in which the IC of the injured person may demand damages from the perpetrator of the traffic accident, as a result of which the property of her client was damaged, compensation for damage: the first is recourse (recovery under the OSAGO policy) and the second is subrogation (if the injured person has CASCO) . Now let's deal with these two terms.

Read also: Buy CASCO cheap

Subrogation- this is the right of the IC of the injured person to demand from the culprit of the accident the funds that she reimbursed her client according to insured event for car repair. This right passes to the insurance organization after it has made payments. This means that the injured driver has no claims against the culprit. emergency on the road and he, one might say, transfers his right to demand funds from the culprit to restore his car to his IC. This situation occurs only in the case when the car of the victim has a CASCO insurance policy and the damage to the car is indemnified under this policy.

Regression (or regression) is a kind of punishment for the perpetrator of an accident for a crime committed on the road. Regression can occur in cases where the culprit:

• used a vehicle without a power of attorney;
• not included in the compulsory insurance policy at all;
• intentionally caused an accident and caused damage to third parties;
• did not have a driver's license with him;
• was under the influence of alcohol or drugs;
• fled the scene.

In the insurance contract, you can find clauses when insurance risks do not occur, these clauses contain the cases listed above. That is, it turns out that the person whose motor third party liability is insured does not comply with the terms of the contract, in connection with which the insurance company declines responsibility for compensating for the damage caused by its client to the victim and, of course, this damage will be compensated from the pocket of the culprit of the accident .

An example of a situation with a claim for damages

Two years ago, a motorist with an OSAGO policy became the culprit of an accident in which the property of a third party was damaged. The insurance company of the victim under the CASCO agreement reimbursed the client for the damage. After that, the insurance company of the victim has the right to demand from the culprit of the accident the funds that he spent on compensating for damage to the property of his client.

Since the perpetrator of the accident had an OSAGO policy at the time of the accident, then under the contract, his insurance company is obliged to reimburse the injured person up to 400 thousand rubles. If the amount of damage caused to the property of the victim exceeds this amount, then the UK will cover only 400 thousand, the rest will be paid by the perpetrator of the incident from his own pocket.

Read also: If you do not agree with the payment under OSAGO

It would seem that everything is simple and clear, however, such a situation can become more complicated when there are several perpetrators of an accident, when the culprit is not identified, when there are only two participants in the accident and not one of them is to blame (for example, an accident due to ice). Then each of the UK begins to act in the interests of its client and its own, and, as you know, no one wants to pay. The case is referred to the court to establish the real culprit of the accident (if he is not identified or the situation is controversial). Auto lawyers who have been in practice for many years are well acquainted with unimaginably complicated cases, during which the outcome of the outcome was far from self-evident. That's why, best advice, which can only be received by a person who finds himself in a situation where the UK requires him to compensate for damage - to transfer his case to a lawyer immediately and trust him in further proceedings. Only a professional is able to truly understand a particular situation and give the right path to solving the problem.

The editors of this blog would like to help many motorists solve their problems and answer specific questions, but this is impossible, and, moreover, trying to do this can hurt, and this is not in our interests.

The insurance company filed a lawsuit against the culprit of the accident - what are the consequences?

The consequences may be as follows, the culprit:

• pays the requested amount of money in full,
• gives less than the requested funds,
• does not give money to the SC at all.

The last two cases are the most interesting and desirable, they can only be achieved through your defense in court with the involvement of a professional lawyer. You should not spare money for a consultation with a lawyer, you should not succumb to prejudice and think that contacting a law office will not give better results.

Lawyers are well aware of the intricacies of the work of the IC, they are aware of the cunning manipulations that such organizations go to in order to obtain more funds from the culprit of the accident than he owes by law, if he owes anything at all.

Some insurers behave like real scammers, they may take the following steps to make a profit:

• indication of false data in documents,
• falsification of information
• intimidation of the payment of legal fees.

There are a lot of tricks on the part of insurers and they are known to experienced auto lawyers, and the latter find measures to restore justice. Involving a specialist to find out your chances of evading payment of the required amount implies that the lawyer will familiarize himself with the details of the case, verify the authenticity of the data presented, study the results of the appraisal examination conducted by the UK with the involvement of an independent expert, and so on. In a word, in most cases, legal assistance provides, if not a refusal to satisfy the claim of the UK, then its partial satisfaction, which will be beneficial for you.