Insurance asks to compensate for the prejudice of the CTP. Insurance asks to return to the payment on OSAGO, I am the injured insurance requires to compensate

Insurance is obliged to compensate the damage caused by the affected party caused by its client. Moreover, it is not only the damage caused by materials or the construction of the vehicle. The amount of expenses for treatment, care or burial (in fatal cases) is also rated. What do we behave? And to the fact that in a certain part (as a rule, smaller) of all insurance cases, the company after paying the victim will require reimbursement of the cost of the culprit in court. This is called OSAGO regression (Article 14, Part 1, the Law on CTP and Article 1081 of Clause 1 of the Civil Code).

Regress on OSAGO

If you find a good lawyer (without him it will be difficult for you to defend yourself), that is, the likelihood that he can find certain inconsistencies in the case and thus will save you from the payment of regression or at least reduce the amount.

According to the law (Article 14 of the Law "On OSAGO"), the insurance has the right to demand compensation, acting according to the following "scheme":

It is necessary to conduct an assessment examination (this is necessary, otherwise, if the insurance will direct the vehicle for repair, without preliminary examination, evaluation, then the culprit will have the opportunity in principle to appeal against regress, due to the impossibility of confirming the actual damage), to pay the full amount to the victim.

After that, the Insurance Directors the claim (by registered mail, under the painting) to the culprit, where the amount of damage is indicated that it is necessary to pay off in pre-trial. If the dispute failed to resolve in pretrial order, the insurance submits a regressive statement of claim to the court, for the guilty side. And if, all the provisions of the plaintiff were taken into account, the application will be considered by the court.

After making a decision, the perpetrator is granted a period established by law for voluntary debt repayment. Otherwise, if at the specified period, the amount of compensation was not returned, the bailiffs are taken.

As a rule, the court satisfies the claims from insurance companies

The culprit should be remembered that the item on the examination and payment of compensation to the victims, mandatory. Otherwise, the Court may refuse regress.

To date, insurance amounts are:

With property harm - 400,000 rubles.

Harm of life, health - 500,000 rubles.

By the way, the culprit has the opportunity to contact the oncoming basis, if he does not agree with the appointed amount of compensation. This is especially true when meetings were missing, and the guilty party learned about the decision only from the judicial notification. As evidence that the appointed amount does not correspond to real costs, the culprit must provide the results of independent examinations or, for example, to obtain evidence of real payments to the insurance victim.

In addition, in addition to the amount of direct damage, insurance has the right to demand compensation for examinations, legal costs.

When does insurance require a refund?

There are a lot of reasons when the insurance company has the right to demand a regressive reimbursement (Article 14 of the ACHO Law). So:

The driver managed a stranger vehicle, while not having any permissive documents on this car.

Wu the culprit was or not at all.

The driver is the culprit from the scene of an accident.

The accident was committed at the time of the culprit in a state of narcotic, medical (sleeping pills), an opiate or other type of intoxication.

The culprit was not inscribed in the insurance policy.

Insurance is overdue.

Intentional commitment or provocating an accident.

Not notifying insurance about accidents. When making a protocol with the participation of police or "Europrotokol", 5 days are given to the provision of information in their insurance. The absence of details means the right of the company to demand regression.

Did not provide a car to inspection or examination.

Overdue. This concerns drivers of passenger taxis, buses, trucks, including converted to the transport of passengers (more than eight places).

Providing unreliable information when making insurance, to reduce the insurance premium (valid from 01/01/17).

In general, before signing the insurance contract, all the points should be very carefully examined. Because, the basis for the regression requirement can only be the presence of any illegal actions. That is, this does not concern those cases when the accidents were randomly or unintento.

Is it possible to avoid regress?

There are many opportunities to avoid payment of regression, and legal. So:

1. Watch out for the term of the policy, as you understand, by its expiration with you, it is entitled to demand compensation. Check if you are inscribed in the policy form, where drivers for the vehicle are listed (does not concern those cases when the policy is unlimited).

2. Do not leave the scene of the accident.

3. Do not repair the vehicle until the deadline will come, or the insurance will not give permission.

4. Watch out for the validity period of the diagnostic card.

6. We were able to prove that the insurance sent the vehicle for repairs, without a preliminary examination. In this case, it is not possible to reliably calculate the real costs. The service can take overwhelmed prices for spare parts. Then, with the participation of a good lawyer, it is possible to achieve a refusal in the regression.

7. Observe the rules of the PDD, in general, legislation.

8. Also, you should not forget that Article 14, paragraph 2, and the expert who issued a diagnostic card becomes the responsible person in the law "OSAGO". That is, if you manage to prove that the cause of the accident was the fault of the vehicle. The expert will answer if:

A defect is identified, which is not stated in the diagnostic card, but he led to the accident.

The defect was not detected at the time of inspection by the TC by an expert.

Conclusion

In the end, I would like to say that you need to adhere to the rules, laws, then the probability of recovery on regression will be minimal. In addition, everyone should understand that the limitation period for reimbursement is determined by law (Civil Code of the Russian Federation Article 966 part 2), therefore, after the expiration of the prescription, insurance is not entitled to demand compensation. For example, with the dangers of health, life, the property of third parties, the limitation period is not more than three years..

The peculiarity is that the validity period is calculated from the moment of accidents, but from the moment of actual transfer of the victim to compensation. In addition, LED is suspended when the claim is submitted.

The question is whether the insurance company can recover money (compensation) from the culprit of an accident on the CTP, deserves close attention. After all, such an opportunity at the SC is not always, and in order not to pay from his pocket, it is easier to prevent the situation with the regression of the insurer.

The essence of regression

Regress is a legal mechanism in which the Insurer has the right to demand the insufficient person with its responsibility on the CTP, to reimburse the funds paid by it for damage to the accident on the insured event.

This right gives the Civil Code to which the culprit is obliged to compensate for the harm that was caused by the participants as a result of the accident. Since the CTP Agreements are drawn up, the victim will require this compensation precisely from the SC. And under certain circumstances, representatives of the insurer submitted to the court to return the funds spent by it.

Important! In the regression mechanism, the key role of such a concept as "the culprit". It can only determine the court. That is, in order for SC to demand something, it is necessary that the concrete person is called guilty, and all costs are charged with it.

That is, if after an accident in the hands of the representative of the SC, there is only a certificate of accidents and a protocol on administrative violation, this is not a reason for issuing regressing requirements. So, in court, they can not yet.

Opportunity for regression from the SC

It is worth knowing, in what cases the insurer has the right to regression, and the list of situations is limited, and therefore, but more precisely, if they are proven, such requirements may arise. The insurance company for the perpetrator will be made claims for reimbursement in such cases:

1. With deliberate damage of the life and health of the victim. That is, the driver had intent to harm him. For example: I drove on a pedestrian specifically, crashed into another car, etc.
2. If the driver sat behind the wheel in a state of intoxication, that is, in his blood, it was discovered exceeding the permissible norm of alcohol, and in such a state he fell into an accident. At the same time, the insurance company may recover the costs incurred by it, only if the fact of intoxication is documented and is not challenged in ships.
3. The culprit disappeared from the accident site, even if there is a mandatory insurance of the CTP, he will certainly be obliged to pay, but already according to regressive demand.
4. The driver managed the vehicle without the right, or he was not part of insurance if it was framed to a limited number of persons. Another situation, if the policy at the time of the accident did not have strength. For example, it is decorated for 3 months, and the control happened after the expiration of this term.
5. If the action of the policy does not apply to the country where the accident was committed.
6. The insurance organization will certainly file a claim with regressive requirements, if the driver has a taxi, the bus was exposed to the inspection at the time of the accident.
7. The lack of rights at the time of the accident with him or their expiration of their validity period, that is, from the moment of issuing a certificate, more than 10 years have passed.

Terms of presentation

The insurance company demands to reimburse the funds spent after they are paid by the victim. Many domestic drivers do not even realize that there is the possibility of regressing requirements, as few people read / reads the insurance contract. As a result, the operation of the SC is perceived as a fraud, and after all charges the insurer tools is completely legal and on objective reasons that are indicated above.

It makes it possible that the insurer will do everything so as not to pay an accident compensation, especially if the driver disappeared from the scene of an accident or made him in a drunken form. But this is not so, the compensation of the victim will happen, as they are not to blame for the fact that it happened to meet with an unscrupulous driver. But the perpetrator will be put forward to the perpetrator to compensate for the insurance company on the basis of the OSAGO policy.

SC has the right to demand compensation and may not be done immediately after paying the victim. By law, she has 3 years. The term is counted since the accident. And the insurers are really in no hurry with this, but do not think that I forgot about the culprit and everything will come down with his hands. You will have to pay on the oncoming demand, because the SC acquires the rights of the victim and the money will definitely not refuse.

Actions of the culprit

The first thing will arise what to do? To begin with, check the date of the claim, did not pass from the moment of the accident 3 years. The circumstances of the accident should be remembered and to compare them with the received requirement, perhaps the insurer has no reason for regression at all.

The next step is to check the amounts that are requested. If possible, it should be contacted by the victims, since it sometimes happens that unscrupulous SCs pay the victim less, and the culprit requires a sum significantly more.

Another important step is to appeal to a qualified lawyer, which in the process of ship proceedings will not accurately prevent.

How many may require

In addition to the question, what to do, may also be interested in the amount of compensation that the insurer will require. The sum of the counter request, which rightfully puts out the insurance, is calculated on clear formulas.

The insurance company requires the reimbursement of the entire cost of costs incurred by it when paying the CTP. Of course, it is possible to submit to the court and require the recalculation of the volume that the SC declares, but in most cases the errors do not happen. You can check the validity of the requirements by contacting the victim, because it already gets the whole amount.

The culprit will receive detailed information on the costs incurred by the insurer to compensate for damage, it has the right to familiarize himself with the causes of certain financial losses of the SC.

Regress is better to avoid

In order not to have the question of what to do, after the accident and the receipt of regress, it is better not to give the reasons for the filing of this claim, and for this:

1. Do not disrupt traffic rules and never get behind the wheel "under the fly", it is better to call a taxi.
2. On the road to be attentive, because provocateurs are enough and they often, as they say, are substituted. Moreover, these are pedestrians, and other drivers.
3. It is necessary to check the use of the OSAGA policy and reissue it in a timely manner.
4. When driving a truck, special equipment, taxis, a bus to follow the time.
5. Make sure that there is a surname in the policy, if the TC manages several people.
6. To control someone else's machine you need to have a general power of attorney.
7. If the accident still happened, then in no case cannot leave the scene of an accident.

Output

Regress requirements of the insurance company are quite legal right. Of course, they cannot nominate them with each perch of an accident, and the regulations are clearly registered in the law. Although such requirements still need to relate carefully, because unscrupulous SCs enough, as well as fraudsters.

It is not strange, but many insurance companies require damage from their customers as a result of the accident. What is it connected and why after an accident, the insurance company requires compensation for damage? Let's deal with.

No auto owner can be insured against the trial with the insurance company due to compensation, it caused by damage as a result of a legitimate subrogation. In the judicial practice of such cases hundreds and thousands. What is the case here?

Imagine such a picture: a certain car owner several years ago enters the traffic accident. In this accident, guilt persons were identified, which suffered punishment. At that time, you were insured in our insurance company on the policy of the OSAGO, and people from the victim went to the insurer for their insurance. After some time, you bring a complaint from the insurer by mail Either the filled agenda form for the trial in the courtroom. The agenda states that a certain insurance organization requires you, as a culprit of the accident that has occurred a long time, compensation for damage paid to people affected by the accident.

Why the insurer sued the court, because you have a working policy of OSAGA at that time?
In fact, in this situation there are some nuances in which it should be understood. It is necessary to take into account such a fact that on the policy of the OSAO, you can cover no more than one hundred and twenty thousand rubles damaged to the victim. In the case of several victims in such an accident, the amount of payments is no more than one hundred sixty thousand rubles for the total number of victims. With causation of the injured party to the damage where at a more significant amount, the repayment of it will be laid no longer on the shoulders of the insurance company, but for you. Therefore, this trial regarding the presented claim will be based on the recovery of the damage caused by you, it is from your insurer.

In this case, you can do the reverse outrage on your part, on the fact of the presence of the Casco Polis in the victim, according to which he received the allowed payments from the insurance company. Your right thing in this case is quite justified. Indeed, employees of the insurance company reimbursed the losses incurred by the victim in the Casco Policy. Our situation implies the requirement of damages by the insurer himself who provided paid payments on the basis of subrogation. This law insurance company receives on the basis of 965 articles of the Civil Code.

The subrogation is the right to reimburse the damage incurred by the victim if there is a guilty person in an accident. Here the affected side received payments from the insurance company, as it should be on the Casco Polish. Now the right to demand compensation is given to the insurance company that paid the victim to the client. In other words, if the insurance company requires compensate for the damage at an accident, it means that it has a legitimate basis provided by subrogation.

Tip number 1! When submitting a claim from an insurance organization for compensation from you incurred damages by the affected party, you can disassemble this case in the courtroom, or resolve all questions in pretrial order.

Possible options for solving the situation may be:

• voluntarily pay the amount;
• pay the amount issued as a result of a trial;
• pay a much smaller amount;
• do not pay in principle.

This situation can be interpreted in a different order. You have the right to use the review for assessing damage incurred by the insurance company. At the same time, you should achieve at the insurance organization of photocopy of the calculations produced, where you can see how much actually paid by the victims in the accident. With the help of an independent appraiser, you can check the calculations carried out and find out: the insurer is right or not. Upon receipt of the total amount of damage incurred by the insurer, less than that it requires a lawsuitment, one should try to settle this question with him alone, maybe he will meet you. Upon receipt in the course of calculations, the amount of damage equal to one hundred and twenty thousand rubles, you do not need any payments at all.

If the case is already in court, it is necessary to require him to conduct an independent expertise of the damage. Such a situation also implies a decrease in the amount of compensation or complete non-payment of an insurance company, when identifying experts from the amount of damage less provided payments.

In this case, the most convenient option for you is used - a decrease in the amount of payments or a complete refusal of them. At the same time, it is often necessary to sue the insurance company for a long time, hire independent experts, negotiate with an insurance organization.

To exit such a situation, you can either take the whole blow to yourself, while running on various organizations, defending your rights or entrust this event to an experienced lawyer. Of course, in the second case, the amount of expenses on your part will be greater, as it is also worth spending on a lawyer, but you will quietly expect the end of this case at home and not to spend your nerves in vain.

Tip # 2! The appeal to the legal office gives more chances of winning in this case, as the lawyer is familiar with such situations and knows all the subtleties of the insurance organization in terms of the law. Therefore, it is best to attract an experienced specialist to this situation, without which you will be very difficult to defend your rights.

Pre-trial

In 2011, most insurance firms began to use the right of subrogation. Based on this, it is safe to declare that now not only any driver guilty of the occurrence of the accident can be attracted to the obligatory payments of the damage to the insurance company. In this regard, it should now have this rule in mind that not only with ease to accept it, but also to behave confidently with representatives of the insurance organization. At the same time, it is possible not only to protect your views, but also make payments minimal.

Now it is worth paying special attention to the following details:

1. About the statute of limitations.
   For cases relating to the requirements of the subrogation, a special limitation period from the day of the accident occurred is also laid. Its duration is 3 years. In this situation, one should not be sure that the insurance organization will not sue you in the expiration of this period since the accident. There are many cases when after the expiration of the limitation period, the insurer filed a claim to the court for compensation for its money. Only in this case on the machine there was a refusal due to the prescription of years.
   Submitted option Claims from the insurer ignore it is undesirable.In some cases, when the defendant was silent or was not to the courtroom, the court decision was made in favor of the insurer, even taking into account the violation of their deadlines. In order for the insurance company in this case, it is able to get an accurate refusal to come to the court at the court hearing before the decision was made in the case and inform the participants in the process that the deadline for subrogation has expired, and therefore claims from the insurer to you can not.
2. With pre-trial proceedings.
   In the case of a casco subrogation, there is one condition, according to which in such cases we will apply the pre-trial period of the proceedings. In other words, the insurance company does not require an insurer to court, but provides him with a pre-trial claim. In this complaint, the insurer on a voluntary basis speaks the insured about the demanding of compensation, they suffered from damage. In most cases, such payments and claims arrive after two years since the accident. At the same time, a citizen's believed in an accident already forgot about the possibility of using the subrogation by the insurer and is calmly engaged in its usual affairs. As soon as the policyholder comes with the requirement to pay a certain amount, the insurer accounts for everything to weigh and decide: to pay or defend their interests in court. Sometimes there is a provision of payment by installments.
   Often, insurance organizations are happy to go to such conditions. To solve such problems, you can seek help from a competent lawyer,which not only easily wonders all the problems, but also agree with the firm on the provision of by installments of a smaller amount. In addition, many insurance firms do not want to spoil their reputation for various trials, therefore, and quickly agree to the conditions of experienced lawyers.
3. On the correct writing claim.
   Very often, the claims of insurance companies are modest leaflets resembling an accident that occurred with a rapid list of suitable articles of the law. At the bottom of the claim, there is always a specific amount that is an arrears of an insurance company. This type of requirement can be considered unreasonable, as well as an insurance company, it is obliged to file with the complaint:
   Paper, on the basis of which one can judge the size of incurred losses: Act confirming the inspection of the car by independent experts with the photo app, as well as a paid receipt.
   Paper at the culprit of an accident: a certificate of an accident that relevant decrees.
   Paper confirming the legality of subrogation: photocopy of the TCP machine with a copy of the policy and a paid receipt, a photocopy of the statement from the insurance company for the presence of an insurance situation.

Additionally:

1. The right to receive a subrogation appears at the insurance organization after paying the insured to the victim.
2. The value of compensation is equal to the damage paid by the victim.
3. The driver guilty of the accident, if at that time he performed his official responsibilities is not subject to the payment of subrogation, since this fee falls on the shoulders of the employer.

Insurance company requires compensation for damage
With accident: traps of insurers

According to statistics, as required by subrogation, insurance firms in most cases overestimate customers the required amounts. To justify your actions, many of them provide:

• dubious calculation;
• false data;
• forged information;
• begging the client's payment of legal costs.

Attracting the specialist experienced in legal entity to their protection will easily reveal the deception and withdraw the insurer "on clean water". If there are doubts about the information presented:

• check the presented data;
• compare calculations with the calculations of an independent specialist;
• analyze the checks and paid receipts;
• consult with an experienced lawyer.

In some cases, unscrupulous insurers make even false documents. In such situations, they are confident in the illiteracy of the client regarding the calculations and the rightness of their event. It is not worth going to such insurers, but to look for protection from lawyers.

If during the accident where you were the fault of the Party, the victim was received by the CASCO, should not be dedicated. Until the statute of limitations have expired, the insurer has the right to submit an appropriate claim for recovery of compensation for damage to you.
It is best to try to try:

• as it is forces to be convened with injured people;
• walk on all inspections of a damaged machine, preferably inviting their appraiser specialist;
• monitor the process of insurance compensation for insurance.

Many insurers behave like real scammers, trying to evoke their customers. They not only do not pay the paid compensation to the victims, but also require substantial refunds on subrogation from the perpetrators.

Wanting on a voluntary basis to return the damages caused to victims to the victims, take from them when the receipt payment is transmitted, where the specified amount will be spelled out and the necessary signatures. If the receipts are not when transferring funds to the victim, it can take advantage of CASCO payments, and you will come to pay in a year subrogation. In other words, in such a situation you will have to compensate for damage in double form.

Of course, the voluntary solution to the conflict between the affected and the culprit of the accident is also quite a positive outcome of the case. Only in this situation should also be vigilant. Do not go on the victim of the accident, requiring the existing amount for your damaged auto. Perhaps it was no longer worth it by that time due to wear. Offer the victim to the independent expertise of a damaged car, the results that and the final amount you will promise to pay. This alignment will be more acceptable for you, and for victims. Moreover, for its worn-out auto, the insurer of fabulous compensation will also not offer.

Do you want to pass the test on the materials of the article after reading it?

YesNot

Mandatory auto insurance reliable shield covers the civil liability of road participants. Even becoming a culprit of the accident, the holder of the Osago policy sleeps calmly, because the injury company pays the damage to the affected side.

What surprise he is experiencing when, after several years after an accident, it receives a requirement for damages from the insurer.

When required to reimburse damage

The Federal Law "On OSAGO" No. 40-FZ really gives the right of an insurance company to put forward regressive requirements in order to recover from the perpetrator of an accident loss, which she has arisen in the process of compensation for damage to the accident in the accident. However, the provisions of Article 14 of this Law establish a clear list of cases when the nomination of such a requirement is possible. The basis for regression on the CTP can be proven fact that the perpetrator of a road accident:

• deliberately allowed to hit the pedestrian or damage the property of another participant in the movement;
• the driver was under the influence of alcohol, narcotic or psychotropic drugs;
• disappeared from the scene of the road accident;
• did not have the right to drive a car, since he does not have an OSAGA policy, there is no driver's license or it is not included in the list of drivers of this vehicle;
• transportation of passengers as a taxi, without having a valid coupon.

It turns out that with the regression, the insurance company charges losses from its own client, which, as a result of the violations of the requirements of traffic rules and the Administrative Code, has made an emergency emergency that caused insurance payments in favor of the affected Party.

In addition, the Insurance Company has the right to demand compensation for damages from the culprit of the accident, realizing its right to subrogation after the payment of the damage to the Casco Polis holder. If, as a result of the accident, the insurer compensated for the CASCO program the cost of repairing both affected machines, he gets the opportunity to recover his losses from the culprit of the accident.

If there are no third parties in the incident, and the holder of the Casco policy itself hit the courtyard in the courtyard, scratching his own car, the insurer after the payment is not eligible to demand compensation for expenses.

What to do if the SC demands compensation for damage

As a rule, insurance companies are not in a hurry to nominate claims to the perpetrator of the accident on the "hot" tracks. Using the fact that the Civil Code establishes a limitation period equal to three years, most often they form a claim after at least 2-2.5 years after the road incident.

This is done, because in a few years the chances that the documents on the long-term incident will be either lost by its participants, or discharged as unnecessary, many times increase. And without documents, challenge the claims from the insurance company or to prove its own innocence in the incident is quite difficult.

What if the insurance company requires compensated for the damage to the accident? If a letter comes with a claim, you should not panic, to suffer memories of the incident, to edit yourself for carelessness, and instantly agree to all the conditions marked in it and estimate from which income and for what time it is possible to pay off all nominated monetary requirements. The resulting claim is a reason to deal with an unexpected and unpleasant situation.

Experts argue that the assistance of an experienced autorer can help:

• challenge the legality of the received claim;
• significantly reduce the amount of payment;
• prove its own innocence in the long-lasting incident.

Challenge of guilt

Sometimes insurers demand to return the means of the participant in the incident, which was not guilty of fact, and the victim. The cause of such an error can be an incorrect interpretation of data from the DTP protocol. In such a situation, it is necessary to prove his innocence in court.

Insurers, sending a letter about the return of money, refer to the certificate of the accident issued by the traffic police inspectors.

The data on the administrative offense protocol, which indicates the person recognized as guilty of a transport incident. But most often the fault in the road accident is mutual for its participants, and experienced lawyers are able to prove partial guilt of their support or at all to achieve recognition of him innocent in the accident.

Reduced damage

The amount of losses, which is indicated in the claim, can be significantly overestimated. Insurers do not harm the following techniques:

• overstaving the value of the norm-hour for restoration work;
• use in the calculations of the cost of spare parts at the prices of the official dealer and excluding their natural wear;
• the discrepancy between the presented list of damage to the car that is listed in the certificate of an accident;
• inclusion in the calculation of "extra" parts;
• accrued penalty.

To establish the truth, follows:

• carefully examine all the documents referenced by the insurance company;
• if necessary, order an independent examination;
• if there are doubts about the reality of the amount of compensation, which the insurer calculated, demand to recalculate costs.

As a result of the measures taken, the amount claimed by the insurance company could significantly decrease.

Challenge legality

Having received the requirements for payment from insurers, first of all it is necessary to check whether the statute of limitations declared the law on the establishment of claim requirements. It should be borne in mind that the term for regressive requirement is calculated from the day the incident, and in the case of a subrogation - from the date of the insurance payment.

If the statute of limitations did not pass, it is possible (in case of disagreement with the requirements received), try to prove your rights during a pre-trial or trial.

Pre-trial

The current legislation provides for the procedure for pre-trial proceedings, which precedes the submission of a civil action directly to the court.

Now the first step towards solving a controversial issue is a peaceful way is to advance a pre-trial. If the parties succeed in reaching an agreement, they can significantly save their own time and money, refusing expensive and long-term court proceedings.

As a rule, insurers exhibit a pre-trial claim in the framework of the CASCO subrogation. After all, regulatory requirements for the CCAMAP can be sent to the perpetrator of the incident only if it is proved by the court.

How is a pre-trial claim

There are often cases when the insurer did not bother with the collection of evidence, and the requirement from it came to the addressee in the form of a letter, which contained:

• brief information about the incident;
• financial claims to face, the fault of which occurred by an accident, which led to compensation for damage;
• references to legislative acts;
• required to pay the amount.

The form of a pre-trial claim is not really approved by law, so the initiator has the right to make it in an arbitrary form. However, the recipient should know that such a document will not be legal, if it does not contain a number of mandatory sections and information, as well as if the documentary confirmation of the specified information and the requirements are not attached.

A properly compiled pre-trial document must contain:

1. Personal data of the addressee.
2. Detailed information about the accident.
3. Expert conclusions.
4. The information that witnesses reported.
5. The amount required for paying.
6. Name and contact details of the insurance company.
7. The term of consideration of the claim.
8. Links to regulations.

As a confirmation of the claimed information, the insurer must make a complaint to claim:

• calculation of the amount of damage to the victim;
• an independent expert act with attached photographs of the scene;
• confirmation of the fact of insurance payment;
• certificate of traffic police from the traffic police;
• decree on the administrative offense estimated;
• copies of the insurance policy and the PTS of the affected car;
• help confirming the occurrence of the insured event.

Why not agree to the subrogation

Most often, 30 days are given for consideration within the framework of the subrogation. In rare cases of unconditional consent with the requirements put forward by the requirements, the recipient has the ability to negotiate the payment of payments. If the addressee does not agree with the subrogation of unconditionally and paying money in it does not intend, he will have to enlist the support of a lawyer and wait for a challenge to court.

Specialists recommend going on the second path. However, you should not wait for the court, folded hands. The defendant needs to be fully pre-trial preparation, which will subsequently help to prove its own innocence or significantly reduce the amount claimed in the request. For the allotted time, he may, having studied the documents provided, to adjust the amount of damage, to find witnesses who are ready to testify in court in favor of its innocence, to detect the discrepancy of documents compiled by the requirements of the current legislation.

Practice shows that most often insurance requires compensation for subrogation damage, overgoing its requirements for almost a quarter of real amounts. Therefore, it should not be unreserved to surrender to the mercy of the insurer. The struggle for their own rights can significantly facilitate the participant of the accident financial burden of payments or even completely relieve it.

The perpetrator of an accident insurance company can nominate the requirement to compensate the damage that it reimbursed to the victims. In which cases, such a requirement is possible and what needs to be done - this article says in detail in this article.

Before switching to the instructions, which will be a direct answer to the question "What to do?", It is necessary to understand indirect matters.

1. In which case is the right to demand the damage from the culprit of an accident?
2. Can insurance organization cheating, put forward a requirement?
3. What is the difference between subrogation from regression?

When can the notice of the requirement to compensate for damage?

The requirement can be directed to the perpetrator in an accident as a short time after an accident and a decent period of time, for example, after 2.5 years. Immediately need to say that to avoid any trouble, you need to maintain documents about the accident, in which you were a culprit, not less than 3 years (this is the deadline for the possibility of filing the claim). The amount that the insurance company may require, speaking without exaggeration, can plunge into shock. But you should not panic, despair and plan to sell your property or climb debts. The problem needs to be quiet, it is recommended to get advice from a professional lawyer to appreciate your chances of success in challenging the requirements for the judicial instance. And, you need to understand in advance that if you do not agree with the netting company the company, it will not be possible to do without a trial.

On what grounds of the SC requires the damage

Any insurance organization is interested in receiving profits and is looking for any hook to replenish its capital. It is logical that the UK wishes to receive the funds she spent, according to the contract with the insurer (affected by the person), to reimburse the damage to the property of his client. And demand, naturally, the money she can only from the culprit of an accident. But is it always possible and is legal? Not. There are two cases, in which IC of the victim may require a traffic accident, as a result of which his client's property suffered, damage compensation: the first - regression (recovery of the policy of the OSAGO) and the second - subrogation (if the affected person has a chance) . Now we'll figure it out with these two terms.

See also: Buy casco cheap

Subrogation - This is the right of the affected person the affected person to demand from the culprit of the accident funds, which she reimbursed to his client on the insurance occasion for car repair. This right passes the insurance organization after it made payments. So, the driver's affected driver has no complaints about the emergency emergency on the road and he can be said, conveys his right to demand from the culprit to restore his car to his SC. Such a situation occurs solely in the case when the car of the victim has a CASCO insurance policy and damage to the car is reimbursed precisely according to this policy.

Regress (or regression) It is a kind of punishment of the culprit of an accident for a loose crime on the road. Regression may come in cases if the culprit:

• used the vehicle without a power of attorney;
• generally not included in the policy of compulsory insurance;
• deliberately learned the situation of an accident and caused damage to third parties;
• did not have a driver's license with him;
• was in a state of alcohol or narcotic intoxication;
• embed from the scene.

In the insurance contract you can find items when insurance risks do not occur, in these paragraphs, the above cases listed above are contained. That is, it turns out that the person, the autocarted responsibility of which is insured, does not comply with the terms of the contract, and therefore the insurance organization takes off responsibility for compensation for damage caused by its client affected and, of course, this damage will be reimbursed from the pocket of the accident .

An example of a situation with the emergence of the claim to compensate damage

Two years ago, a car enthusiast, having a policy of CTP, became the culprit of an accident, in which the property of a third party suffered. The IC of the victim under the Treaty of CASCO reimbursed the client's damage. After that, the insurance company of the victim is entitled to demand from the culprit of an accident funds that has spent damage to the property of his client.

Since the culprit of the accident had a policy of OSAGO at the time of the incident, then according to the contract, his IC is obliged to compensate to the victim to 400 thousand rubles. If the amount of damage caused by the property of the victim exceeds this amount, the SC will cover only 400 thousand, the rest will pay the culprit of the incident from his pocket.

See also: If I do not agree with the payment on the CTP

It would seem that everything is simple and understandable, however, such a situation may be more complicated when a few perpetrators are somewhat, when the culprit is not installed when the accident has only two participants and is not one of them (for example, an accident due to ice). Then each of the SK begins to act in the interests of his client and its own, and it is known, no one wants to pay. The case is transferred to the court to establish the real perpetrator of the accident (if it is not detected or the situation is controversial). Autory, leading many years of practice, are well familiar with unimaginable tangled affairs, during which the result of the outcome was far from self-evident. Therefore, the best advice, which can only get a person who fell into a situation where the IC demands from him to compensate for damage - to transfer his business a lawyer immediately and trust him in further proceedings. Only a professional is able to truly figure out the specific situation and give faithful ways to solving the problem.

The editors of this blog would like to help many motorists to solve their problems and answer the questions specifically, but it is impossible, and moreover, an attempt to do it - can harm, and this is not in our interests.

At the culprit of an accident SC submitted to the court - what are the consequences?

The consequences may be the following, culprit:

• gives the requested amount of money completely
• gives less requested funds
• do not give money at all.

The last two cases are the most interesting and desired, you can achieve them only through our protection in court with the involvement of a professional lawyer. Do not regret money for advice from a lawyer, you should not succumb to prejudice and think that the appeal to the legal office will not give the best results.

Lawyers know well the subtleties of the operation of the UK, they are known for cunning manipulations, for which such organizations go to obtain large funds from the culprit than it should, if it should.

Some insurers behave like real scammers, they can go to the following measures to make profits:

• specification in false data documents
• fake information
• beaming the payment of legal costs.

The tricks on the part of the Insurers of the Uyma and they are known to experienced auto units, and the latter find measures to restore justice. Attracting a specialist to clarify its chances of evading the payment of the required amount implies that the lawyer will familiarize themselves in detail with the details of the case, check the authenticity of the data provided, will examine the results of the evaluation examination conducted by the SC and so on. In a word, in most cases, legal assistance provides if it is not a refusal to satisfy the CC suit, then its partial satisfaction that will be beneficial for you.