Insurance Subrogation - is fairly new to the Russian legislation the concept, borrowed from foreign jurisprudence in particular, English and German.Therefore, when looking for ways to use legitimate enough to be a reference to international experience.
way to solve property disputes
Subrogation in Latin language (subrogation) is replaced.Subrogation insurance - is legally justified the transfer of requirements, in fact, is one of the varieties of cession.To protect the most significant material interests of the insurer provides compensation for potential damage enshrined in the treaty obligations.To resolve the property dispute insurers (beneficiaries) rather avoid unpleasant difficulties in finding the perpetrator.
However, the insurer has the right not to pay the insurance indemnity to the beneficiary in the absence of tangible evidence of the damage suffered in the form of a variety of documents, expert opinion, and so on. N.
concept recourse
Regression - the right of recourse in which the personwho carries out the compensation for damage caused by another person, the right to demand a return to the regression of this person.For example, if the transport company as the owner of the vehicle has been offset by the harm caused by its employee, it has the ability in the legal field to recoup their costs, that is, to produce regression.
Practically, this means that the insurer is not regarded as a person to compensate for harm, since it does not is the subject of relationships to compensate for damage and insurance compensation is an act of indemnity to the insured, appeared in bringing him to justice because of the injury,caused by a third party.So regression procedure produces damages the insured, not the victim.
similarity insurance claims
mistake to be considered a form of subrogation regressive demands.But these concepts have similarities, subrogation and regress in the insurance provided by the treaty acts and legislative powers: the regressive requirement established by Article 14 of the Federal Law on insurance and subrogation - Article 965 of the Civil Code only in respect of insurance relations.Both definitions - a kind of right of claim arising only when there are other obligations.In addition, the principal obligation ceases its performance produced by a third party.It is the fulfillment and is the basis for the emergence of these insurance claims.
Subrogation and regress in insurance, their differences
difference regression of subrogation in the first place is different mechanisms of action.If subrogation in insurance - a variant of the transfer of requirements, regression - it is a new obligation.It should be noted that distinguish their different legal regimes, as well as the statute of limitations.
insurance subrogation applies to all individuals, and limited regression rather narrow circle of people.In addition, the transmission rights to subrogation in accordance with the law, the lender is obliged to inform the insurer of all the available information and submit documents essential for determining the insurer this right demands, passed to him.
principle of subrogation
basic principle of subrogation in insurance is to go to the insurer to make payments under the contract, the right to claim for reimbursement of the amount of loss filed by the person responsible for causing the damage.
such legal regulation is carried out by the insurer in compliance with established laws and local acts.Thus, the subrogation in insurance - a special kind of economic interactions based on the redistribution of risk of material damage parties involved in this process.And this type of activity is carried out by specialized organizations, accumulating premiums and producing insurance benefits when applied to losses in relation to the property interests of the insured.In accordance with Art.965 of the Civil Code, if the contract does not provide for other conditions, the insurer, the payment of compensation, obtains the right to demand that the specific amount of loss from the person responsible for it.
amount of the loss when subrogation
Loss (Sec. 2, Art. 15 of the Civil Code) means:
- Expenses incurred at the moment or in the future to restore the violated rights.
- The amount of actual damage, expressed in the loss of or damage to property.
- the loss of profits, that is not received income that the victim would have received in case of a violation if the civil turnover of insurance is usually the order.
Thus, the compensatory nature of subrogation provides liability matching the size of the damage.
Procedure for receiving complaints
Quite often, the insurance company against the guilty party will be sent a letter containing a list of articles of the Civil Code and the circumstances of the accident, and summarizing the text signals the need to repay debts to a specific amount.
However, following the order of subrogation, check the complete package of claim documents for pre-trial resolution of the conflict situation, which should include the following items:
- document defining and confirming the amount of the damage, shall consist of the actinspection of the vehicle independent examination with pictures and costing of repair work or payment for work performed.
- documents confirming the fact of the accident perpetrator.Substantiating evidence is help the traffic police (Form 748), and the judgment or decree of the state car inspection.
- documents or copies of them, confirming the rights of the perpetrator - a certificate of state registration, as well as insurance for the vehicle, checks to pay for it and a statement about the accident.
If the insurance company does not include all the documents justifying the right of subrogation must be addressed to them to make a comment on any claims.This letter can be sent by registered mail or in person to provide the Secretary-General, specifying the number of the incoming document.
Drawing Reviewing letters
Reviewing a letter or a comment is made very carefully and, if necessary, it can be ordered from expert auto.It is necessary to check compliance certificates traffic police claimed damages for repairs to verify compliance with standard hours carried out engineering works to restore the car.
If justified by the extent of damage the insurance company is not actually paid for the repair services, and in accordance with the calculation of an independent examination, then to challenge the calculation made by them have the right to a expert company.Simultaneously with the review to the insurance company it is desirable to send a cover letter, the purpose of which might be to reduce the amount of damages or debt restructuring, scheduling of repayment.Also, this letter can help focus attention on the seriousness of intentions to defend their rights and to justify the request for reimbursement of funds used for legal services in court.
work on collecting
Penalty subrogation is usually carried out by various legal agencies and suggests a variety of services:
- audit of historical data and critical analysis of insurance contracts to determine the volume of debt and the potential for its recovery.
- Preparation of documents for damages out of court, as well as preparing lawsuits.
- Organization of telephone calls, e-mails and check-out at the place of residence for individuals, is a debtor.In this case, the maximum emphasis on the implementation of the pre-trial penalty.
- Protecting the interests of the client in court, and the court bailiffs.
- collection of funds.
- Providing guarantees to the perpetrator in an adequate estimate of the amount of subrogation, regulated by law and not exceeding the insurance claims.
Subrogation insurance - is an important part of the business, continuous and high-quality work which allows you to reduce the time of return paid funds.In the end, thanks to her insurance company has the opportunity to significantly increase its effectiveness.
