One of the essential and most important elements of insurance is the so-called Institute of subrogation.Surprisingly, despite the fact that subrogation - is not a new phenomenon, known to Roman law, in modern society, however, not everyone understands and can explain its essence.For most it remains a mystery behind the seven locks.Ignorance and sometimes unwillingness to become familiar with the basic terminology banal lightheadedness may eventually lead to the fact that the insurer with which the contract, refuse to reimburse damage to property of the insured by a third party.Moreover, quite common cases where due to their legal illiteracy beneficiary is forced to pay for damages.Therefore, to save yourself from such hassles, it is necessary to know the basics of insurance and in any situation to be able to defend their rights.
Institute of subrogation: interpretation of the concept and the legal nature of
term "subrogation" first appeared in ancient Rome and comes from the Latin.word subrogare / subrogatio, which means "to replace, replenish."According to ancient sources, it is the case of assignment of the right (ie. E. The deal, which means that one party transfers to another the right to demand from certain third-party fulfillment of certain obligations).Later, the concept was borrowed subrogation national systems of France, England, Germany, the United States and other countries.Father insurance law is considered to be an Englishman Mansfield, stating that the subrogation - a tool that makes it impossible for the enrichment of the insured due to double payments: the first time at the expense of the insurer, and then - thanks to the person responsible for property damage.
In the US, this right has been recognized since colonial times and meant nothing more than a substitute for the beneficiary of the insurance company in actions against third parties.
subrogation in the Russian Federation is regulated by Article 965 of the Civil Code and Article 281 KTM.
Subrogation - it ...
using legal terminology, the average man is quite difficult to understand the essence of this phenomenon.What is it much easier to explain with specific examples.
Let's say you overslept, and are late for work.Leaping out of bed, you got dressed, grabbed a bedside car keys and ran out of the house.Maneuvering on the road in the morning rush hour among hundreds of other vehicles, you have an accident.Fortunately, you have CASCO insurance, and all costs of repair claimed the insurance company.However, after the accident analysis, it was found that it was not you are the culprit, and the driver of the second car involved in the incident.Besides, the true culprit of the accident has its own insurer.In this case, your insurance company may require the company representing the interests of the offender to reimburse it in full all costs.
Thus, subrogation - the right, for which the insurance company may require the person responsible for the accident, reimbursement of costs incurred by the terms of the agreement concluded with the client.The main rule is that as soon as the insurer has fulfilled its contractual obligations to you, he has a legitimate and justified right to demand from the insurance company guilty accident or personally from him to compensate all losses.
What to do if you are responsible for an accident?
accident If you are provoked, but the damage to the other person is only partly to blame, you only have to answer for any damage caused to your car on.The insurer of the victim probably will not miss the opportunity to exercise the right of subrogation and to collect from you or your insurance company all the costs incurred.If your vehicle was not insured, it is advisable to seek the assistance of a lawyer.
That includes the right of subrogation?
We have tried to understand that such subrogation.In insurance, there is also such a thing as the "right of subrogation".What does it mean?This right (subrogation of the insurer) arises only after the company paid the insurance compensation.Up to this point such a right it does not.In addition, it should be noted that the amount exceeding the amount of the payment carried out, the insurer can not claim.Yet you must remember that an insurance company becomes entitled to demand only what possessed the victim (the policyholder) at the time of suffering damage.In other words, the deterioration of the property is considered.For example, if the age of the car is 10 years, and during the repair of the old parts were replaced with new ones, then the culprit accident can claim compensation for the costs in the full cost of repairs, but only on the cost of spare parts, which fell into disrepair and were to be replaced as a result of the incidentaccident.Thus, the insurer, as well as the victim may demand reimbursement only taking into account the wear of the insured property.
Is the something right to be subrogated to the realization of the right of subrogation?
Indeed, the concept of the "right of subrogation" and "the right to exercise subrogation" are not identical.They differ from each other as well as various kinds of insurance.
fact that the process of the right to subrogatsiju consists of two main stages.At the first stage the insurer steps are being taken, which subsequently lead to the emergence of his right of subrogation.To do this, the insurance company is only required to provide the appropriate item in the contract.
The second stage takes place the practical realization of the right of subrogation, which occurs only after the payment of compensation to the beneficiary.Until that time, this right belongs to the insurer.Therefore it is necessary to clearly distinguish between the right of subrogation arising from the signing of the insurer and the beneficiary of the contract, the implementation of the right to subrogation, which appears only after the payment of full compensation for damages.
Subrogation and the right of regressive actions
Russian legislation in addition to the concept of subrogation There is another similar within the meaning of the legal structure, known as the right of regressive requirements under Article 14 of the Law on insurance.The similarity of these two concepts is as follows:
- Firstly, subrogation - a right that serves an educational function, which consists in putting on civil liability on the person causing damage to property.The same can be said about the recourse of the insurer.
- Secondly, and subrogation and regress involved three parties - the victim (the insurer), the one who caused the damage and the party to compensate the harm (the insurer).
However, between subrogation and regress, there are difference which is that the subrogation new obligation arises, and if the regression - on the contrary.
there a statute of limitations for subrogation?
Of course, she is 3 years, starting from the moment when it was damaged.Due to ignorance of the law, many people find themselves in quite a sensitive situation and indemnify twice.For example, immediately after an accident, you have provoked, you agree with the injured party to compensate the damages to her on the spot.At the same time require receipts to transfer the money you had not occurred.However, this seems to be the victim ushlomu little.He goes to your insurance company about your silent agreement, and receives insurance payments.Naturally, then, the insurer is subrogated suing you.If the court you will not be able to produce a receipt, the court rules in favor of the insurance company.
But not always act fairly and lawfully, and the insurers.Knowing of limitations, though they may try to sue you in the hope that you have no idea of the three-year action that right.And indeed, if you do not know it, the court, the more likely you will lose.
Which types of insurance can speak, meaning subrogation?
Initially, it must be emphasized that the right of subrogation will only appear in a contract of property insurance.For personal insurance (life, health) is not applicable.
Thus, analyzing the topic of subrogation, we should note the following basic types of insurance: insurance, CASCO, DSAGO.
Be vigilant!Know your rights and do not hesitate to defend them!
