The mechanism for recovering the damage incurred by the insurance company from the culprit of the road accident is called recourse claim. That is, recourse implies the recovery of the costs of an insurance company to compensate for damage to the injured party from its own client, who insured his motor third party liability in it.

But in what cases does the insurer have the right to exercise this right? And what to do if it came to this? Is it possible that with the current OSAGO insurance you will have to compensate for the losses out of your own pocket?

• the culprit of the road traffic accident deliberately harmed the life and health of the victim;
• the culprit of the accident at the time of the collision was in a state of alcoholic or drug intoxication;
• the culprit of the accident did not have the right to drive a vehicle (he drove without a driver's license);
• the guilty driver fled the scene;
• the culprit is not included in the CMTPL insurance for this vehicle (or the accident occurred during the period not provided for by the CMTPL agreement);
• the accident notification form was not sent to the insurer within 5 working days after the accident;
• within 15 days after the accident, if it was not registered by the traffic police, the driver repaired the car, disposed of it or refused to provide it for examination by the insurance organization;
• at the time of the accident, the validity period of the diagnostic card has expired (only in the case of vehicles intended for the carriage of passengers and dangerous goods);
• the culprit of the accident, when issuing an electronic OSAGO policy, provided deliberately false information, which led to a decrease in the amount of the insurance premium.

In fact, a recourse claim is the recovery by the insurance company of the losses incurred in the event of an insured event from its own client, if this client violated the requirements of the traffic rules or the Administrative Offenses Code of the Russian Federation, and also neglected the conditions provided for by the OSAGO insurance contract (neglected civil liability).

What is subrogation?

In addition to the recourse claim, the insurance company is empowered to claim damages at the expense of the perpetrator of the accident by means of subrogation. This is done in the case of payment of insurance to the injured party within the framework of the CASCO insurance policy. The subrogation procedure for Russia is relatively new, as it appeared only in 2011.

For example, in the event of full compensation for damage to both participants in the accident, the insurer has the right, within the framework of subrogation, to demand from the perpetrator of the accident full compensation for all his losses.

The subrogation requirement is only possible if there is an injured party. If the driver who insured the car with the CASCO policy accidentally scratched it on the sidewalk, the insurer does not have the right to present this claim to him. In the event of subrogation, the insurer may demand from the perpetrator of the accident compensation not only for direct losses caused to the victim's car, but also for the costs of an examination, as well as compensation for harm to health.

Pre-trial claim for damages

The procedure for pre-trial settlement of the conflict usually takes place when the insurance company recovers material damage under CASCO as part of the subrogation procedure. In this case, the insurer often prefers to first send a written pre-trial claim to the perpetrator of the accident and demand compensation from him on a voluntary basis.

The period during which a lawsuit or claim can be sent to the perpetrator of an accident (limitation period) is 3 years. Therefore, one should not be surprised if the claim was received already a couple of years after the accident. What to do in this case? If the claims are justified, then it is worth considering the option of paying the money. Often it is possible with an insurance company to agree on a convenient debt repayment schedule (on installments). If the validity of the claims of the insurance company is doubtful, then you can safely go to court to clarify all the circumstances of the accident.

The pre-trial claim of the insurance company is a letter with a detailed description of the circumstances of the accident, links to articles of regulatory legal acts and the amount that must be reimbursed to the insurer. A claim for damages must be accompanied by an impressive list of documents confirming the validity of the claims of the insurance company.

The amount of damage that can be claimed within the framework of recourse or subrogation from the culprit of the traffic accident may not exceed the amount paid by the insurer to the injured party.

If the accident was provoked by a driver on duty, then the pre-trial claim will be sent to his employer.

Challenging the legality of the insurance paid

If the pre-trial claim did not take effect or the insurer decided to do without it at all, then he sends a lawsuit to the perpetrator of the accident with a demand to compensate for the damage suffered by the insurance company. But the insurer's claims for recourse payment are far from always legal. That is why you should not be afraid to defend your interests in court.

To understand whether the claims of the insurance company are legal, it is necessary to carefully study all the documents that it attached to the claim. It is often quite difficult to do this on your own, so you will have to turn to the services of experienced lawyers. You will need to find out, in particular, whether the insurance company legally paid the insurance to the accident participant.

Do not be afraid of the costs of paying for the services of a lawyer, because the amount of compensation that will have to be paid to the defendant if the court satisfies the insurer's claims will be much higher than the amount of costs for legal services.

At best, the lawyer will prove that the insurance was paid to the victim unlawfully, which will completely remove all grounds for recourse against the defendant.

Contesting guilt in court

Another way to resist claims by the insurance company for recourse payment is to challenge your guilt through legal proceedings. This method is quite effective, because the culprits of many accidents are nevertheless both drivers, or the fault of the defendant, to whom the recourse claim is being made, has not been fully proven. Often, even for the driver himself, it becomes unexpected that the court fully acquitted him.

A competent lawyer is quite capable of removing the blame from the driver, since insurance companies appeal primarily to the protocols of administrative offenses and to certificates from the traffic police. And these documents are not always drawn up in full accordance with the law.

When you receive a pre-trial claim or a subpoena, you shouldn't pay the money right away. Through the court, it is possible, if not to achieve complete removal of guilt, then significantly reduce the initial amount of recourse or subrogation.

How to reduce the size of the recourse?

Insurers often do not hesitate to add a number of points to their real costs, which went to the injured party. That is, not only to compensate for the damage, but also to make money on the guilty driver. What are the most common tricks?

• The calculation of costs includes "unnecessary", it is not clear where the details that have arisen;
• The cost of the standard hours of repair and restoration work (the cost of repair) is artificially high;
• The recourse amount is charged with penalties and fines;
• Insists on a large number of damages received by the car, not all of which are described in the accident certificate and other official documents;
• The quoted cost of spare parts does not take into account the coefficient of natural wear and tear of those parts that were replaced in the damaged vehicle.

It is possible to understand that there is a fact of fraud on the part of the insurance company only after a thorough study of all documents. If there are doubts about any details, then it is best to appoint an additional independent examination. And after that, re-calculate the amount that the insurance company lost when reimbursing the injured party.

In almost 90% of cases, after competent study of the case materials, experienced auto lawyers manage to reduce the initial amount of recourse.

If the judgment is in favor of the defendant (to whom the recourse claim was filed), then all the costs of a lawyer may be borne by the insurer himself. If the court is lost, then the case can still be appealed to a higher judicial body through an appeal.

Does the insurance company require money from you?

The insurance claims money from YOU

Several years ago you were involved in an accident and were found guilty !!!

The victim's car was not badly damaged.

You have already managed to forget these sad events.

And suddenly now it turns out that the repair of the injured car amounted to 200,000 rubles and the insurance company demands 80,000 rubles from you, which are not covered by OSAGO insurance (120,000).

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 to the insurer that paid the insurance compensation, within the limits of the amount paid, the right of claim that the insured (beneficiary) has to the person responsible for losses reimbursed as a result of insurance is transferred.

What does it mean?

Let's give an example.

As a result of an accident in which you were found guilty, a car, insured under CASCO insurance, 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 a contract. And no one has any complaints.

A year passes, sometimes two, and you receive by mail a demand (and sometimes just a statement of claim) for compensation for harm / damage in the order of subrogation. The specified request will explain to you that the victim's insurance company paid for the repair of his car. The cost of refurbishment was, let's say, 300,000 rubles (in the practice of our company, there were even much more amounts). Further it will be indicated that your insurance company for OSAGO has paid insurance compensation within the limit of liability. Namely, 120,000 rubles, and, thus, you owe the insurance company 180,000 rubles, and if you do not pay off the debt within 10 - 20 days, the insurance company will recover this money from you through the court, and besides them, also legal costs and penalties.

Anger? Panic?

How to deal with a huge insurance company with a staff of 30 lawyers?

And the main question is what to do?

In fact, the answer is obvious - you need to contact us and in no case pay.

Even with the obvious, at first glance, the correctness of the insurance company (the money they really paid, and in that amount), there are a huge number of options, if not completely fight off the claims of the insurance company, then reduce its claims several times.

In court, absolutely all the evidence presented by the Claimant (the insurance company) can be questioned, starting from guilt in an accident and ending with the need to repair some elements of the victim's car. In the course of the trial, it may be necessary to appoint an autotechnical, traceological and automotive commodity expertise.

Naturally, such work must be entrusted to a specialist who clearly understands how to act.

Respectfully yours, the team of the Agency of Professional Auto Lawyers.

As you already understood, it is completely legal to file a claim by the insurer by way of subrogation, and you will have to sort 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 the amount of claims

• Dispute the full amount of the debt and not pay anything

As you know, the best way to defend is an attack, which can be used as a review of the damage assessment of the insurer. By asking the insurer for a copy of the calculation on the basis of which the insurance indemnity was paid to them, you can contact an independent appraiser who will either confirm the amount of damage or deny it. If the amount of damage is lower, then you can try to negotiate the payment of a lower amount.

After the accident, the insurance company claims to compensate for the 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 the accident, the person responsible for the accident may challenge the amount of such compensation. This right is guaranteed by the Civil Code of the Russian Federation.

Attention

The insurance company, on the other hand, has the right to submit 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, you need to conduct a very careful analysis of each of the documents referred to by the insurer.

First of all, you need to study the vehicle inspection report and the calculation of the repair price.

Insurance claims to compensate for damage for an 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 to the insurer that paid the insurance compensation, within the limits of the amount paid, the right of claim that the insured (beneficiary) has to the person responsible for losses reimbursed as a result of insurance is transferred.

What does it mean? Let's give an example. As a result of an accident in which you were found guilty, a car, insured under CASCO insurance, 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 a contract.
And no one has any complaints.

After paying for the CMTPL insurance claims to return part of the money.

It is necessary to clarify that the person responsible for the accident may find that the claim was sent to him only after two years after the very fact of the accident. But, here it is necessary to understand whether the amount of compensation declared in the claim is justified and whether it makes sense to fight for your rights or it is easier to agree with the requirements of the insurance company and negotiate the terms of the installment plan.

Usually, in such matters, insurers allow installments. How should a claim be filed? It often happens that the claim sent by the insurer to the perpetrator of the accident is a letter where the fact of the accident is briefly described, the regulations are named and the amount to be paid is presented.

The insurance claims money from you

After receiving the documents, you should refer to a clear order of actions that will save you from unnecessary trouble. What is the best way to proceed?

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

Drivers do not consider the last point obligatory and are very mistaken.

It is impossible to cope with the problem without the help of specialists. Only they have the knowledge to carry out the verification step by step, excluding deception and incorrect data. Self-acting leads to numerous omissions, which translate into mandatory payments.
Subrogation for an insurance company Subrogation first appeared in 2011.

What to do if the insurance company filed a lawsuit on subrogation

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

Important

Outside Insurance Company Own insurance does not necessarily require compensation for damage. 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 should 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 claims to compensate for the damage at the expense of funds transferred to a third party.
Organizations usually resolve such incidents among themselves, but it is not always possible to do this. As a result, the car owner has to attend the trial, becoming its obligatory participant.
Otherwise, you will definitely have to compensate for the damage caused to the other car.

After the accident, the insurance company filed a lawsuit, what to do?

To challenge the legality of the paid sum insured. It is obligatory to carry out a qualified legal examination of the entire package of documents, on the basis of which the insurer paid money as compensation for damage to the motorist who suffered in a road 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 over the preparation of all the necessary documents.

The cost of such auto lawyer services is much lower than the amount of compensation required by the insurance company on a recourse basis. 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 perpetrator of the accident impossible. Challenging guilt Insurance lawyers often use this tactic.
False examination results and simple falsification of the information provided are rude actions designed for intimidated car owners. They do not try to figure it out, preferring to simply transfer a reasonable amount in accordance with the claim. As a result, people give away their own money, agreeing with the lie. Bullying customers is a rough step used by newbies. There are verified actions based on litigation, so translations should be made after receiving a formal decision. If this does not happen, you should not even pay a fine for an expired 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. Protection of the culprit of an accident is possible Protection of the culprit of an accident seems pointless.

The insurance company demands to compensate for the damage for the accident, so you have to strictly agree to the payment.

The insurance company asks to return the CMTPL payment 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 insured at one time. How to reduce the amount of damage? When the insurance claims to compensate for damage under CASCO, the amounts will become significant. Drivers will not want to face such costs, so they need a lawyer to advise on how to overestimate the damage. Otherwise, the compensated damage will have to be paid. What should you do 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 the CMTPL money from the culprit, it is not necessary to check the statute of limitations.

It is 3 years, so this condition is probably not violated. Although it will not be superfluous 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". In this case, the insurance company receives the right to recover from the perpetrator of the accident all the money that it paid for the repair of the victim's car. Moreover, such a claim can be filed within 3 years from the date of the accident. Often there are situations when the driver 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 only manage to file a claim in court after a rather long period of time.
In the past three years, more and more drivers have been appealing, who will have to go to court with an insurance company by way of subrogation. In this article, we will look at how to act if the insurance company is sued.

In the language of legislation, this is called subrogation. Subrogation means the transfer to the insurer of the right to claim from the person guilty of causing harm to the person the amount of the paid insurance compensation.

Consider an illustrative example: Suppose there was an accident involving the drivers of Mercedes and Zhiguli cars. The culprit of this accident was the driver of the Zhiguli car. The Mercedes driver has a valid CASCO policy, he has no claims to the culprit and goes to receive money from his insurance company for CASCO. The driver of the Zhiguli feels safe - after all, they did not 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 an 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 testimony.

It is focused on the coordination of all amounts with the second party, which allows you to significantly reduce the size of transfers. Only it is worth contacting a lawyer, without his support you cannot cope with a difficult situation. Within 3 years after the road accident, each insurance company has the right to file a claim against the car owner. He may not be her clients, but after the accident, unexpected nuances appear every time. Their clarification in the course of the trial makes it possible to obtain an official decision indicating how legitimate the claim put forward is.

In modern practice, it very often happens that an insurance company tries to recover money from the perpetrator of a road traffic accident in order to compensate for the losses that it incurred when paying insurance to the victim. This procedure is called recourse.

However, not every motorist knows what to do in cases where this mechanism of law is applied to themselves.

Does the insurer have the right to demand money from the person guilty of a road traffic accident under OSAGO?

An exhaustive list of cases when the insurer has the right to present recourse claims to the driver, the culprit of the car accident, is presented in Article 14 of the Federal Law "On Compulsory Civil Liability Insurance of Vehicle Owners" dated April 25, 2002 "as amended by FZ-N 223 dated July 21, 2014. The claims of the insurance company for damages in any other situation will not be legal.

Let's take a closer look at all these cases:

• If the culprit of the road traffic accident caused harm to the health or life of a person on purpose. For example, out of personal hostile relationship, he hit a person or “rammed” another car;
• If the guilty driver at the time of the accident was in a state of narcotic, alcoholic intoxication or under the influence of psychotropic drugs. It should be borne in mind that if the state of intoxication is not documented or is appealed by the guilty person in court, then the insurance company cannot claim compensation by way of recourse;
• The guilty car owner left the scene of the accident before registration;
• The driver who caused harm to people or property did not have a driver's license, was not included in the car insurance policy issued for a certain circle of persons, or he did not have an OSAGO policy at all.

In addition to the above cases, the recourse procedure is possible if an accident occurred in a place to which the CTP policy does not apply.

The insurance company can apply recourse to persons who carry passengers (for example, taxis, minibuses) and become the perpetrators of a traffic accident without a valid vehicle inspection certificate.

By the way, for vehicles serving for passenger transportation, the diagnostic card is valid only for six months. In all other situations, the auto insurer should not recourse the culprit. If a car enthusiast fell asleep while driving and became the culprit in a traffic accident, then the recourse procedure cannot be applied.

The claim of the insurance company to the perpetrator of the accident

Pre-trial proceedings are usually carried out with subrogation under CASCO. The insurer, as a rule, does not immediately apply to the court with a statement of claim against the culprit, but sends him a written claim in which he demands to pay compensation for the damage caused voluntarily.

It is necessary to clarify that the person responsible for the accident may find that the claim was sent to him only after two years after the very fact of the accident. But, here it is necessary to understand whether the amount of compensation declared in the claim is justified and whether it makes sense to fight for your rights or it is easier to agree with the requirements of the insurance company and negotiate the terms of the installment plan. Usually, in such matters, insurers allow installments.

How should a claim be filed?

It often happens that the claim sent by the insurer to the perpetrator of the accident is a letter where the fact of the accident is briefly described, the regulations are named and the amount to be paid is presented.

Such a claim cannot be recognized as justified, because this document must be accompanied by mandatory documents, the following are:

• Documents confirming the amount of damage caused: vehicle inspection report, possibly with the participation of a specialist, with an accurate description and localization of damage. If available, the opinion of an independent expert. Photos must also be attached, confirming the damage and repair costs;
• Documents confirming guilt in the commission of a road traffic accident - a certificate of the accident from the traffic police, a decision on an administrative violation or a court decision;
• Documents confirming the right to the recourse procedure - a copy of the vehicle registration certificate, a copy of the OSAGO policy, a copy of the decision to pay insurance to the victim and documents confirming this payment;
• Other documents relevant to the case.

The insurer receives the right to initiate the recourse procedure only when he pays the insurance amount to the victim. This means that the amount of money that the insurance company can demand from the perpetrator should not exceed the amount that was paid to the victim.

Important! If the person provoked a road traffic accident that caused damage to property or third parties, was at the time of the accident in the performance of official duties, then his employer becomes the object of recourse.

Procedure for filing a recourse claim

Qualified lawyers advise to remember that both the injured drivers and those responsible for the accident have legal rights. There are cases when claims for damages presented by the insurer in the course of recourse do not comply with the law.

Therefore, you should not be afraid to defend your rights in court. Let's see what recommendations are given by practicing lawyers.

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 the accident, the person guilty of the accident may challenge the amount of such compensation. This right is guaranteed by the Civil Code of the Russian Federation. The insurance company, on the other hand, has the right to submit 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, you need to conduct a very careful analysis of each of the documents referred to by the insurer. First of all, you need to study the vehicle inspection report and the calculation of the repair price.

It should be remembered that since December 1, 2014, absolutely all experts participating in the car insurance system have adopted a single mandatory standard, according to which the amount of repairs for cars damaged in a road accident is calculated.

When calculating the cost of repairing a car, a specialist is obliged to use uniform reference books on the cost of spare parts, materials and the cost of repair work. These guides are established by the Russian Union of Auto Insurers.

Also, when establishing the amount of damage, it is necessary to take into account the degree of wear of parts and mechanisms. Therefore, by rechecking all these documents, you can significantly reduce the requested amount.

Challenge the legality of the paid sum insured

It is obligatory to carry out a qualified legal examination of the entire package of documents, on the basis of which the insurer paid money as compensation for damage to the victim in a road traffic accident to a motorist.

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 over the preparation of all the necessary documents. The cost of such auto lawyer services is much lower than the amount of compensation required by the insurance company on a recourse basis.

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 perpetrator of the accident impossible.

To challenge the guilt

It is not uncommon for insurance lawyers to use this tactic. And we have to admit that it is quite effective, because in a huge number of road accidents, the fault of motorists was still mutual. Often, during the examination, it is established that the driver who was found guilty of the accident is not really at fault.

That is, when the insurer sends a claim, which contains information that the car owner is guilty of an accident and gives a reference to the protocol on an administrative offense and to a certificate of the accident drawn up by the traffic police, then the car lawyer will challenge his guilt in court.

From the above, it follows that upon receipt of a written demand from the insurer for payment in his favor of monetary funds on account of the damage compensated to the victim, it is not worth paying immediately. According to statistics, in 90% of cases, experienced auto lawyers may well reduce the amount of recourse.

Insurance court

Firstly, you need to protect your rights, you should not let the situation out of your control. It is imperative that you be present at every court session, because otherwise, the judge can make a decision without your participation and satisfy the insurer's requirements, even if you have data that they have no basis whatsoever. Don't forget this.

Secondly, you need to be well versed in the legislation that regulates the relationship on your issue. This most often requires the advice of a qualified legal practitioner. Practice shows that the participation of an experienced specialist in the case helps not only to reduce the amount of payment, but even in some cases to challenge it in full.

How to avoid regression under OSAGO

Any motorist is obliged to know that thorough observance of the Road Traffic Rules and current legislation will help prevent situations in which the insurer will get the insurer to make recourse payments from him for damages to the injured party.

Be sure to be careful about your documents. Responsibility for their availability and compliance with the law rests only with the motorist.

Every driver needs to remember:

• Systematically check the validity of your driver's license. After all, an overdue document is equivalent to the absence of such a document;
• Independently track the validity period of the car insurance policy;
• Do not drive a car if the policy has expired or you are not included in the CTP policy.

It must be remembered that you cannot drive while intoxicated. And do not underestimate the effect of even a small amount of alcohol on a person's condition.

The question of whether an insurance company can recover money (compensation) from the culprit of an accident under OSAGO deserves close attention. After all, the insurance company does not always have such an opportunity, and in order not to pay out of pocket, it is easier to prevent a situation with regress of the insurer.

The essence of regression

Regression is a legal mechanism according to which the insurer has the right to demand from the person who insured it its liability for OSAGO, to reimburse the funds paid by it for damage caused by an accident in an insured event.

This right is given by the Civil Code, according to which the culprit is obliged to compensate for the damage that was caused to the participants as a result of the accident. Since OSAGO contracts are being drawn up, the victim will demand this compensation from the IC. And under certain circumstances, representatives of the insurer file a claim to the court against the perpetrator of the accident to return the funds spent by her.

Important! In the mechanism of regression, the key role of such a concept as "culprit". It can only be determined by the court. That is, in order for the IC to demand something, it is necessary that there is a specific person who is named guilty, and all costs are collected from him.

That is, if, after an accident, a representative of the Investigative Committee only has a certificate of an accident and a protocol on an administrative violation in his hands, then this is not a reason for setting recourse requirements. This means that they cannot yet sue.

Opportunity for recourse from the UK

It is worth knowing in which cases the insurer has the right to recourse, and the list of situations is limited, which means that only with them, or rather, if they are proven, such claims may arise. The insurance company will file claims for compensation against the culprit in the following cases:

1. In case of deliberate harm to the life and health of the victim. That is, the driver intended to harm him. For example: hit a pedestrian on purpose, crashed into another car, etc.
2. If the driver got behind the wheel in a state of intoxication, that is, an excess of the permissible alcohol rate was found in his blood, and in this state he got into an accident. At the same time, the insurance company can recover the costs incurred by it, only if the fact of intoxication is documented and not contested in court.
3. The culprit fled from the scene of the accident, even with compulsory OSAGO insurance, he will probably be obliged to pay, but already on a recourse claim.
4. The driver drove the vehicle without a license, or he was not included in the insurance, if it was issued for a limited number of persons. Another situation, if the policy at the time of the accident was not valid. For example, it was issued for 3 months, and the management took place after the expiration of this period.
5. If the policy does not apply to the territory of the country where the accident was committed.
6. The insurance company will most likely file a claim with regressive claims if the taxi or bus driver had an overdue technical inspection at the time of the accident.
7. The absence at the time of the accident of rights with you or the expiration of their validity period, that is, more than 10 years have passed since the issuance of the certificate.

Deadlines for filing claims

The insurance company demands to reimburse the funds spent by it after their payment to the victims. Many domestic drivers do not even realize that there is a possibility of recourse claims, since few people read / read the insurance contract. As a result, the actions of the IC are perceived as fraud, while the insurer collects funds quite legally and for objective reasons, which are indicated above.

There is an opinion that the insurer will do everything not to pay compensation for the accident, especially if the driver fled the scene of the accident or committed it while drunk. But this is not the case, compensation to the victims will occur, since they are not to blame for the fact that they had a chance to meet with an unscrupulous driver. But the culprit will be asked to reimburse the damage to the insurance company on the basis of the CTP policy he has.

The UK has the right to demand compensation and may not do so immediately after payment to the victims. By law, she has 3 years for this. The term is counted from the moment of the accident. And insurers are really in no hurry with this, but you shouldn't think that the culprit has been forgotten and he will get away with it. You will have to pay on the counter demand, because the IC acquires the rights of the injured party and will definitely not give up its money.

The culprit's actions

The first question that arises is what to do? To begin with, check the date of filing the claim, whether 3 years have passed since the accident. It is necessary to recall the circumstances of the accident and compare them with the received claim; perhaps the insurer has no grounds for recourse at all.

The next step is to check the amounts that are requested. If possible, you should contact the victims, since sometimes it happens that unscrupulous ICs pay the victim less, and the perpetrator demands a much higher amount.

Another important step is contacting a qualified lawyer, who will definitely not interfere with the court proceedings.

How much can they require

In addition to the question of what to do, the amount of compensation that the insurer will require may also be of interest. The amount of the counterclaim, which is rightfully put forward by the insurance company, is calculated according to clear formulas.

The insurance company requires reimbursement of the entire amount of costs incurred by it when paying for OSAGO. Of course, you can sue and demand a recalculation of the volume that the UK claims, but in most cases, mistakes do not happen. You can check the validity of the claims by contacting the victim, because he already receives the full amount.

The culprit will receive detailed information regarding the costs incurred by the insurer to compensate for the damage, he has the right to familiarize himself with the reasons for certain financial losses of the insurance company.

Regression is best avoided

In order to avoid the question of what to do after the accident and obtaining recourse, it is better not to give the IC a reason to file such a claim, and for this:

1. Do not violate traffic rules and never drive under the fly, it is better to call a taxi.
2. Be careful on the road, because there are enough provocateurs and they are often, as they say, substituted. Moreover, it can be pedestrians and other drivers.
3. It is necessary to check the period of use of the CTP policy and reissue it in a timely manner.
4. When driving a truck, special equipment, taxi, bus, follow the maintenance period.
5. Make sure that the OSAGO policy has its own surname if the vehicle is operated by several people.
6. To operate someone else's car, you need to have a general power of attorney.
7. If an accident does happen, then in no case should you leave the place of the accident.

Conclusion

Claims of recourse by the insurance company are quite legal. Of course, they cannot nominate them to every person responsible for an accident, and the regulations are clearly spelled out in the law. Although such requirements still need to be treated carefully, because there are enough unscrupulous ICs, as well as fraudsters.