Insurance subrogation is new enough forRussian legislation is a concept borrowed from foreign judicial practice, in particular, English and German. Therefore, when searching for ways to use it, references to foreign experience will be sufficiently legitimate.
Subrogation translated from Latin(subrogation) means replacement. Subrogation in insurance is a legally justified transfer of the right of claim, in essence, representing one of the types of assignment of the right of claim. For the most significant protection of the material interests of the insured provides compensation for potential damage, enshrined in contractual obligations. To resolve a property dispute, policyholders (beneficiaries) avoid rather unpleasant difficulties in finding the guilty person.
Однако и страховщик имеет право не выплачивать insurance compensation to the beneficiary in the absence of material evidence of the damage incurred in the form of various documents, expert opinions, etc.
Regress is the right of reverse demand, withwhereby the person who made compensation for damage caused by another person has the right to demand reverse regression to this person. For example, if the transport company as the owner of the vehicle compensated for the damage caused by its employee, it has the ability to recover its costs in the legal field, that is, to regress.
In fact, this means that the insurer does notis considered as a person who has reimbursed the damage, since he does not act as a subject of relations for compensation for harm, and insurance compensation is an act of compensation for losses to the insured, which appeared in the process of bringing him to justice because of the harm caused to a third party. Thus, the recourse procedure compensates for the losses of the policyholder, and not of the victim.
It would be a mistake to consider the subrogation as one ofvarieties of regressive claims. But these concepts have similar features, subrogation and regress in insurance are secured by contractual acts and legislative law: the regressive requirement is established by article 14 of the Federal Law on Compulsory Motor Liability and Motor Traffic Insurance, and subrogation by article 965 of the Civil Code of the Russian Federation only in relation to insurance relations. Both definitions are varieties of the right of claim arising only when another obligation exists. In addition, the principal obligation is terminated by its performance, made by a third party. It is this performance that is the basis for the occurrence of these insurance claims.
The difference between regression and subrogation in the first placelies in the different mechanisms of action. If insurance subrogation is a variant of transferring the right of claim, then regression is already a new obligation. It should be noted that they are distinguished by their various regimes of legal regulation, as well as periods of limitation.
The basic principle of subrogation in insuranceconsists in transferring to the insurer, who paid in accordance with the contract, the right to claim compensation for the amount of the loss presented to the person responsible for the damage caused.
The regulation of such legal relations is carried outthe insurer in compliance with statutory and local acts. Thus, subrogation in insurance is a special type of economic interaction, based on the redistribution of risk associated with causing material damage to the parties involved in this process. Moreover, this type of activity is carried out by specialized organizations that accumulate insurance premiums and make insurance payments when causing a loss in relation to the insured property interests. In accordance with Art. 965 of the Civil Code of the Russian Federation, if no other conditions are provided in the contract, the insurer who has paid the compensation receives the right to claim this particular amount of loss from the person responsible for it.
Under the loss (paragraph 2 of article 15 of the civil code code) means:
Thus, the compensatory nature of subrogation provides for the compliance of the liability with the size of the damage caused.
Often enough by the insurance company to addressthe perpetrator of the accident is sent a letter containing a list of articles of the Civil Code and the circumstances of the accident, and the summarizing text informs about the need to repay the debt by a specific amount.
However, following the procedure of subrogation, it is necessary to check the full package of claim documents for the pretrial resolution of a conflict situation, which should include the following items:
If the insurance company is not alldocuments justifying the right of subrogation, it is necessary to send them a response to the submitted claim. This letter can be sent by mail with the notification or personally provided to the secretary by recording the number of the incoming document.
Рецензионное письмо или отзыв составляется весьма carefully, and if necessary, it can be ordered from autoexperts. It is necessary to check the compliance of the traffic police certificate with the stated damages for repair work, to verify the compliance of the standard hours to the technological repairs of the car.
Если размер ущерба обосновывается страховой the company is not actually paid repair services, and in accordance with the calculation of an independent examination, then challenge the calculation they have the right to have only an expert company. Along with the review to the insurance company, it is desirable to send a cover letter, the purpose of which may be to reduce the size of the recoverable loss or debt restructuring, scheduling its repayment. Also, this letter can help focus attention on the seriousness of the incentives in defense of their rights, as well as substantiate the petition for reimbursement of funds used for legal services in court.
Subrogation is usually collected by various legal agencies and involves various types of services:
