Let's look at the legal basis for this situation as an example.25.02.2012 year of an accident involving two vehicles: a / m and a Mazda / Ford m.Guilty of an accident has been recognized by the driver and / m Ford.The owner of the Mazda insured his car CASCO insurance company "Rosgosstrakh".Recognizing the case of insurance, the insurance company paid for the hull to repair the car the Mazda in the amount of 500 000 rubles.Thus, to pay damages to the victim of "Rosgosstrakh" has passed the right to claim damages to the person responsible for the accident and the insurance company which insured the civil liability of the perpetrator «RESO-Garantia" insurance under the policy.Putting a claim to the insurer culprit claim "Rosgosstrakh" to be reimbursed within the limit of liability insurance established Federal law "On insurance" in the amount of 120,000 rubles.Thus, the size is not reimbursed "Rosgosstrakh" loss of 380 000, which can be recovered from the guilty party.
What to do if you received a claim from the insurance company in subrogation?
To do this, first of all, you should seek qualified legal advice.If you decide to act on its own, it is usually the only option - is to try to reduce the size of the amount exacted.To do this, about the presentation of documents by the insurer, to assess whether the amount of work performed injuries received in an accident (damage recorded in the certificate of accident and the inspection report) is considered when calculating whether the amount of payment (KP requirements are based on the accounts of the workshop,why not take into account depreciation of the car).If damaged in an accident relevant statements and the calculation of the claims considered wear TC, in which case you need to refer to an independent examination.On the basis of the Act of inspection of the vehicle, a certificate of road accidents and other available documents at your disposal assessor will prepare a report on the cost of repair vehicle.This report will serve as evidence in court and will be grounds for reducing the amount exacted by the court or the appointment of judicial examination.If the preliminary assessment of you, or an expert will be established inconsistency alleged damage injury received in an accident (actually repaired in the workshop towards the insurance company. This can happen if the victim claims to the insurance company for several insurance cases, respectively, do not split the bill into separate lossesservice exposes a single bill), it could serve as a basis for the appointment or trasological autotechnical examination, the results of which will be an expert excluded from the calculation number of injuries not related to the insured event.In this case, necessarily require legal advice.In the absence of a sufficient evidential basis and with proper legal justification for these circumstances may also be grounds for denial of the claim in full.
In this case, should also pay attention to the provisions of para. 2, Art.966 of the Civil Code according to which "The limitation period for claims arising from the contract of insurance against the risk of liability for the obligations arising from injury to life, health or property of other persons, shall be three years."In the confusion, when a large number of cases, as well as taking into account all pre-trial procedures, insurers often miss the deadline.If from the moment of the accident to the filing of a lawsuit, it took more than 3 years, then the court is necessary to declare the expiration of the statute of limitations, which will serve as a basis for denying a claim to the insurer in full.