Recourse claims of the insurance company against the culprit of the accident

Recourse to the culprit of an accident

The law states that every vehicle owner must carry liability insurance. Operation of the vehicle can only be carried out if there is an appropriate insurance policy.

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The law also states that in the event of an accident, the insurance company of the person responsible for the accident is obliged to pay compensation to the injured party.

In this case, the injured party has the opportunity to receive compensation from the insurance company, and not from the culprit of the accident, which makes this procedure easier and faster.

But the law also states that that insurance company acquires the right to file a recourse claim against the person at fault for the accident.

What is this, and what mechanism for presenting such a requirement operates in accordance with the legal regulation existing in the Russian Federation?

What it is

A recourse claim can be characterized as a retaliatory claim made by the insurance company against the culprit of the accident.

For example, if, according to the insurance case, an accident occurred, as a result of which the vehicle suffered damage in the amount of 100,000 rubles , and the insurance company of the culprit of the accident paid this amount in full, then in this case the insurer may demand payment of this amount from the culprit of the accident.

The insurance company is vested with such a right by current legislative regulation.

However, you need to be aware that such a claim can only be made if the insurance company has already paid the amount of compensation.

In addition, the insurer may demand payment of the amount of compensation paid by it only by filing a corresponding claim in court.

These are the main conditions for filing a recourse claim that must be complied with.

What the law says

As mentioned above, current legislation carefully regulates the procedure and rules for filing a recourse claim.

At the same time, certain norms are contained in the following legislative acts:

These are the main legislative acts regulating this area of legal relations. But besides this, certain clauses are also contained in insurance contracts that insurers conclude with vehicle owners.

At the same time, you need to be aware that the insurance company can make a recourse claim not only against the culprit of the accident.

A similar requirement may also be presented to the operator who carried out a technical inspection of the insured vehicle before issuing a diagnostic card, which is a necessary document for concluding an insurance contract.

The insurance company may demand a refund of the paid amount of insurance compensation from the operator in cases where defects were not identified, although they existed and caused the accident.

In this case, the availability of an appropriate expert opinion is a prerequisite: it can be used in court.

In what cases is it presented?

You need to know that the insurance company cannot in all cases make a recourse claim against the culprit of the accident.

The law carefully provides for all those cases when the insurer is endowed with such an opportunity.

In particular, the insurance company may make a recourse claim against the culprit of the accident in the following cases:

if the culprit has intent. For example, if the culprit intentionally got into an accident, then in this case the insurance company may demand the return of the amount of insurance compensation it paid. In some cases, the actions of the perpetrator of an accident may contain characteristic features of other offenses;

For example, if the culprit deliberately crashed the victim’s car, then in this case it is necessary to initiate a criminal case on grounds of damage to property.

the culprit was under the influence of alcohol or drugs. Of course, this fact must be confirmed by an appropriate expert opinion, the presence of which is a prerequisite;
the person at fault for the accident has no rights. The law states that a driver's license is valid for 10 years. After its expiration, the rights must be replaced;

If the period has expired, but the driver has not replaced them, then in this case the insurance company acquires the right to file a recourse claim. A similar situation arises in cases where the driver did not have a driver’s license at all.

the guilty party is not indicated in the insurance policy as a driver - when concluding an insurance contract, the owner of the vehicle indicates a list of persons who can operate the vehicle;

If the person at fault for the accident is not included in the policy, he does not have the right to operate the vehicle; accordingly, the insurance company acquires the opportunity to file a recourse claim.

the incident occurred during a period of time when the vehicle could not be operated - the driver has the opportunity to indicate the period during which the vehicle will be operated. For example, you can conclude an insurance contract and indicate that the car will be used only in the summer, therefore, its operation in the fall is an offense;

If the accident occurred in the fall, the insurer may demand a refund of the amount of insurance compensation paid to it.

the culprit of the accident fled the scene of the accident - the parties to the accident must stop and follow certain instructions that are necessary in order to record the fact of the incident (calling the traffic police and the insurance company);
the guilty party did not submit documents to the insurance company - according to current legal requirements, the culprit is obliged to notify the insurer and present all the necessary documents to him within 5 days from the date of the incident, otherwise he will have to pay the amount of compensation himself;
the culprit began repairing the vehicle without the consent of the insurer. Of course, this rule is valid for 15 days from the date of the accident;

A similar situation arises in cases where the culprit of an accident refuses to have the vehicle examined. In this case, the insurance company acquires the right to file a recourse claim.

The diagnostic card had expired at the time of the accident.

These are the main cases in which the insurance company can make a recourse claim to the person at fault for the accident.

Where to get a European protocol form for an accident in 2019, read here.

Possible amount

Many people are interested in the question of how much the recourse claim is. First of all, you need to know that this amount consists of the amount of insurance compensation that was paid to the injured party, as well as the amount that was spent by the insurance company to make the payment.

For example, an examination may be required to pay an insurance claim. In this case, the cost of the examination is also included in the amount of the recourse claim.

In addition, insurance companies spend a certain amount of money to conduct insurance business. This amount may also be demanded from the person responsible for the accident.

For example, the victim’s car suffered damage in the amount of 100,000 rubles .

5,000 rubles to conduct examinations 2,000 rubles to conduct insurance business . In this case, she may demand 107,000 rubles .

How to avoid recourse payments

Many people are interested in the question of whether it is possible to avoid recourse payments. In fact, compliance with all legal requirements is a guarantee that the insurance company will not file a claim in order to obtain the amount of insurance compensation it paid.

After all, recourse under compulsory motor liability insurance against the culprit of an accident under the European protocol cannot be brought in cases where the driver complied with all mandatory legal requirements.

To do this, first of all:

You cannot drive a car while drunk;
you must comply with the procedure and rules for concluding an insurance contract;
you need to promptly notify the insurance company about the accident;
You must present all the necessary documents and papers.

Compliance with these simple rules will make it possible to avoid filing a recourse claim and lengthy legal proceedings.

Examples from judicial practice

As mentioned above, a recourse claim against the culprit of an accident can be brought exclusively in court.

Accordingly, the amount of compensation paid by the insurance company can be received from the person at fault for the accident after the court makes an appropriate decision and after it enters into legal force.

Insurance companies always want their money back. Accordingly, if there is a basis for filing a claim in court, they will take advantage of this opportunity.

As a rule, trials in such cases do not last very long.

If the insurance company's claim is justified and meets all legal requirements, the court satisfies it.

But if the culprit does not agree with the position of the insurance company, he can file a response to the claim, in which case the trial may drag on.

If the court decision also does not satisfy the person responsible for the accident, he can appeal it to a higher court, which also delays the process.

In practice, insurance companies generally have to write a statement to initiate enforcement proceedings in order to obtain the amount of the debt forcibly.

Below is one example from judicial practice.

The culprit was drunk, and it was his fault that the accident occurred. The amount of damage was 30,000 rubles . The insurance company paid it to the injured party, but also filed a claim in court to obtain the amount paid.

The fact that the driver was drunk was proven by the relevant expert opinion.

The court satisfied the insurance company's demands. There are a lot of similar cases in practice, and in this situation the courts always satisfy the demands of the insurers.

From the above we can conclude that the current legislation carefully regulates the procedure for filing a recourse claim against the culprit of an accident.

But insurance companies cannot take advantage of this opportunity in all cases.

If the insurer decides to file a claim in court, then it is advisable for the culprit to seek the help of a qualified specialist.

Only in this case can you achieve full protection of your rights and legitimate interests, as well as good luck in court proceedings.

After all, judicial practice says that courts in such cases generally satisfy the demands of insurers.

Even if the court upheld the claim, an experienced and qualified lawyer will be able to draw up and present an appeal.

For a sample pre-trial claim to the culprit of an accident without compulsory motor liability insurance, see the page.

Find out where to call in case of an accident in Rostov-on-Don from this information.

Video: If your insurance company sues you for an accident, what should you do?

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
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What is a recourse claim under compulsory motor liability insurance?

Good afternoon, dear reader.

In 2020, every driver must have an MTPL insurance policy when driving a car, that is, he must insure his liability for possible harm to other road users. The essence of compulsory motor liability insurance comes down to the fact that if the driver caused an accident, then the insurance company must compensate for the damage.

However, not every driver knows that the insurance company does not pay for damage in all cases. To be even more precise, the insurance company always pays, but in some cases it may subsequently require the driver to compensate for the damage himself . This is a recourse requirement.

This article addresses the following issues:

What is regression in MTPL insurance?

Let's consider part 1 of article 14 of the Federal Law “On Compulsory Motor Liability Insurance”:

1. The right of claim of the victim against the person who caused the harm is transferred to the insurer who has provided the insurance compensation in the amount of the insurance compensation provided to the victim, if:

Thus, a recourse claim is the right of the insurance company to demand compensation for damages from the driver responsible for the accident.

In what cases is a recourse claim possible after an accident?

There is a strictly defined list of violations in which the driver will have to compensate for the damage from his own pocket. All of them are listed in Part 1 of Article 14 of the Law “On Compulsory Motor Liability Insurance”. Let's look at them in table form:

So, if one of the violations listed above occurred, the insurance company will be able to demand compensation from the culprit of the accident for damages and expenses incurred by it.

Recourse from the insurance company for failure to provide notice

Another violation that drivers quite often commit deserves special attention. The point is that after independently registering an accident, the driver did not send an accident notification form (Euro protocol) to the insurance company.

g) the specified person, in the case of processing documents about a road traffic accident without the participation of authorized police officers, did not send to the insurer that insured his civil liability a copy of the notification form about a road traffic accident completed together with the victim within five working days from the date of the road traffic accident transport accident;

This paragraph was excluded from the law “On Compulsory Motor Liability Insurance” from May 1, 2019. That is, in 2020 it is not valid. However, if the accident occurred before May 1, then a recourse claim may be filed against the driver.

Limitation period for recourse

Let's consider part 2 of article 966 of the Civil Code of the Russian Federation:

2. The limitation period for claims arising from an insurance contract against the risk of liability for obligations arising from causing harm to the life, health or property of other persons is three years (Article 196).

Thus, the insurance company can demand compensation for damages from the culprit of the accident within 3 years from the moment it made a payment in favor of the victim.

In conclusion, I would like to note that in 2019, a recourse claim is made only in case of serious violations. It does not threaten a law-abiding driver.

Recourse of the insurance company to the culprit of the accident under compulsory motor liability insurance

The MTPL insurer is obliged to compensate the injured party for the damage caused by its client . In this case, we are talking not only about material damage to the car or structures that were damaged due to the fault of the insured person.

In addition, he will need to compensate for the damage caused to the health and life of people - that is, the costs of treatment or burial. In most cases, after payment, the insurance company will demand recourse under compulsory motor liability insurance from the person at fault for the accident.

This process must take place in court, so it requires the intervention of a lawyer. If you correctly analyze the position of the plaintiff and thereby find inconsistencies in the legal structure, then recourse can be avoided.

Features of recourse under OSAGO

The right of recourse of an insurance company is a guarantee of the safety of its funds. Most often, such a right arises as a result of an accident.

Some car owners insured under MTPL mistakenly believe that even if they are the culprits of the accident, the insurance company will pay for the damage to the victim. Of course, the insurer will pay this money, but for reimbursement of its funds it will definitely turn to the culprit of the collision.

In this case, it does not matter at all whether he has a compulsory motor liability insurance policy or not, since in this case he must be punished for violating traffic rules.

In 2019, the amount of insurance coverage is: for property damage - 400,000 rubles, for damage to health or life - 500,000 rubles. If there is no money, you can collect the debt in parts through the court.

In order to exercise its right to reimbursement of funds spent, the insurance company is obliged to:

the injured party must pay the full amount of damage, taking into account the demand, documents about the road accident and the assessment;
file a claim with the court to recover the money spent from the culprit of the accident.

These are the main conditions for filing recourse from the insurance company against the culprit of the accident under compulsory motor liability insurance, which must be complied with.

It is worth noting that the culprit is highly discouraged from ignoring legal proceedings of this kind. If he fails to appear, the decision to recover the entire amount of insurance coverage specified in the claim will be made in absentia, and it is often unreasonably inflated.

If the decision was made in the presence of the culprit, then how can one not pay recourse under OSAGO, how can one challenge it? If the person at fault for the accident does not agree with the amount charged by the insurance company, then he has the right to file a counterclaim.

Fortunately, in most cases it is possible to obtain a reduction in the amount to be paid based on the results of a forensic examination or by proving the insufficiency of the insurer's claims.

In addition to the paid cost of insurance compensation, the insurance company can receive from the person responsible for the accident the funds spent on:

conducting insurance business;
carrying out examinations.

Judicial practice shows that in most cases, insurance companies write an application to obtain the amount of insurance compensation forcibly.

When can a recourse be issued?

When receiving an MTPL policy, you must carefully study the section that discusses the emergence of the insurer’s recourse rights.

In what cases can an insurance company issue recourse under compulsory motor liability insurance? The insurance company has the right to reimburse the culprit for the amount of expenses in the following cases:

The accident occurred due to alcohol, drugs or other intoxication at the time of the accident.
The driver at fault for the accident had an expired license or no license at all.
The driver was driving someone else's car without a power of attorney to drive the vehicle.
The truck driver has an expired maintenance ticket.
The culprit of the accident fled the scene of the car accident.
The culprit of the accident is not included in the OSAGO policy.
The accident happened at a time not specified in the policy.
The culprit deliberately provoked the accident or, according to his plan, was a direct accomplice.

Thus, there can be grounds for recourse under compulsory motor liability insurance only in case of illegal actions of the culprit, but not in case of unintentional and accidental causes of an accident.

How to avoid regression?

What are the legal options to avoid paying recourse to the insurance company? Let's consider the list of rules that every driver who has taken out a compulsory motor liability insurance policy must follow in order to protect himself from unnecessary payments:

If you are a law-abiding driver, then, you will agree, this significantly reduces the risk of becoming the culprit of an accident. Therefore, set yourself the goal of always following the traffic rules, being vigilant and attentive on the road, since the road is a high-risk area.
Control the validity period of your MTPL policy. Some drivers, for various reasons, pay the insurance premium for less than a year; it is important not to forget about this, but to pay the remaining amount on time.
Trucks should not have an expired maintenance ticket; the driver is obliged to monitor this.
In each MTPL policy, the driver of the vehicle must be entered on the lines of the policy form. Therefore, you should always make sure that your name is included in the insurance policy attached to your car.
When driving someone else's vehicle, always keep with you the owner's power of attorney in your name.
In the event of an accident in which you were at fault, do not leave the scene of the accident under any circumstances, as this will be seen as an attempt to avoid responsibility.
Do not try to hide from the insurer any facts that relate to the accident that occurred. Namely: do not repair (dispose of) the vehicle earlier than the established period or without the permission of the insurer.

By following the above rules, you will reliably protect yourself from recourse from your insurance company.

Statute of limitations

Recourse claims have their own statute of limitations . If the property was insured, the insurance company can claim the right of recourse within 2 years.

When insuring a person’s life and health, the statute of limitations for recourse to compulsory motor liability insurance is no more than 3 years.

Based on this, if, after determining the culprit of the accident, the insurance company did not demand recourse within the above deadlines, then this means that it missed this right. However, if there are compelling reasons, the insurer can restore this right through the court.

Since insurance companies are commercial structures, they also strive to earn income at all stages of their work - both during the sale of insurance to the client, and at the stages of collection under compulsory motor liability insurance by way of recourse.

The good news is that the court often takes the side of the defendant in these cases, if his position is supported by arguments that the payment of damages is disproportionate.

Video: Recourse claim from an insurance company. Which side are you on: plaintiff or defendant?

Recourse of the insurance company to the culprit of the accident under compulsory motor liability insurance

To drive a car, a citizen is required to insure liability to third parties. For this purpose, a compulsory motor liability insurance policy is purchased. By purchasing insurance, the driver believes that he can avoid having to provide compensation. However, in practice, the MTPL insurer is able to recover the amount of damage from the culprit of the accident under certain conditions. The right to carry out an action is called recourse.

What is the recourse of an insurance company to the culprit of an accident under compulsory motor liability insurance?

Recourse under compulsory motor liability insurance is the right of the insurer to recover from the culprit of the accident the funds paid to the injured party. The company may file a claim in court. It represents a reverse claim for compensation for damage caused. The insurer may exercise the right of recourse after providing payment to the injured party. Additionally, the money spent on conducting the case and carrying out examinations is recovered from the culprit of the accident.

Normative base

The insurer has the opportunity to exercise its right of recourse in situations provided for in Article 14 of Federal Law No. 40 of April 25, 2002 “On Compulsory Motor Liability Insurance”. According to the regulatory legal act, requirements can be put forward to the culprit of the traffic accident and the person who carried out the technical inspection of the car before providing a diagnostic card.

Additionally, it is worth familiarizing yourself with the provisions of the Civil Code of the Russian Federation. In particular, it is recommended to study Article 1081 of the Civil Code of the Russian Federation. Here the peculiarities of using the right of recourse to the person who caused the harm are recorded. Article 966 of the Civil Code of the Russian Federation reflects the limitation period for property insurance contracts. Article 200 of the Civil Code of the Russian Federation determines the moment when the limitation period begins to be calculated.

When can a recourse be filed against the culprit of an accident under compulsory motor liability insurance?

The MTPL insurer has the right to demand compensation for costs incurred from the culprit of the accident in cases strictly established by law. They are reflected in Article 14 of Federal Law No. 40 of April 25, 2002 “On OSAGO”.

The difference between subrogation and recourse

Do not confuse recourse under compulsory motor liability insurance and subrogation. The mechanisms have a similar operating principle, but differ significantly from each other. The right of recourse of the insurance company to the culprit of the accident under compulsory motor liability insurance arises in connection with the fact of causing harm. The right to subrogation arises from the provisions of the insurance contract.

Recourse can be carried out only in cases specified by law. Subrogation always occurs when concluding a property insurance contract. If you try to exclude it from the agreement, the transaction will be considered void.

An example of subrogation is the following situation. Two drivers were involved in the accident. One of them purchased a CASCO policy. This citizen was found not guilty of the accident. The insurer made a payment under the contract. A claim was filed against the culprit of the incident for receiving payment under compulsory motor liability insurance. If the insurance funds are not enough to compensate for the damage, the citizen will have to provide additional payment from personal savings. This is subrogation.

In case of recourse, payments are made by the insurer. When the action is carried out, he has the right to send a recourse claim to the culprit of the incident and recover from him an amount in the amount of 100% of the costs incurred. However, this is possible in situations established by current legislation. Let's say a citizen became the culprit of the accident and fled the scene of the accident. As a result, the insurance company provided a settlement to the victim. Then she will file a claim and send recourse claims to the culprit of the traffic accident under compulsory motor liability insurance. This will be a regression.

How to avoid recourse from the insurance company?

If there is a basis for the insurance company to regress against the culprit of the accident under compulsory motor liability insurance, provided for in Article 14 of the Federal Law No. 40 “On compulsory motor liability insurance”, it is problematic to avoid payment. The insurer has the legal right to demand the return of funds paid to the driver injured in a traffic accident.

If an accident occurs, you must not leave the scene of the accident. The action will be seen as an attempt to avoid responsibility. You cannot repair or dispose of a vehicle before the established deadline. The insurer must be notified about the implementation of repair actions and his permission must be obtained. You need to keep an eye on the validity period of your vehicle inspection ticket. All drivers of the car must be included in the insurance or draw up a document that does not imply a limitation on the number of people allowed to drive.

Step-by-step instructions for actions as a result of recourse from the insurance company to the culprit of the accident

If an insurance company under compulsory motor liability insurance wants to recover from the culprit of an accident the money paid to the victim, it cannot agree with the demands put forward. The driver can admit the claim at any stage of the civil process. The insurer's right of recourse arises only after payments have been made to the victim. When faced with a situation, a citizen should:

Recall the events that occurred to ensure that the statements made by the agency representative are true.
Make sure that insurers have grounds for making recourse claims. If a company representative claims that the driver was intoxicated at the time of the accident, evidence must be demanded.
Pay attention to the statute of limitations. It must not expire by the time the claim is made.
Take into account the amount of progressive compensation under compulsory motor liability insurance. It should not be greater than the payment provided to the victim.
Require the insurer to prove that the obligations have been fulfilled. There are cases where the company refused compensation to the victim, but still put forward a recourse claim against the culprit of the accident under compulsory motor liability insurance.
If the insurer was unable to provide evidence on at least one point, the issue of challenging progressive claims can be raised.

Challenging the legality of payments

If the insurer has made recourse claims, it is necessary to assess their legality. To do this, it is necessary to conduct an examination of the documentation that became the basis for the claim. It is important to assess the completeness of the set of papers and the presence of errors in them. It is better to entrust the implementation of actions to an experienced lawyer. If there are inaccuracies, the lawyer is able to get the claim declared illegal. As a result, the insurer will not be able to recover funds from the client.

Contesting guilt

In order for a citizen to be found guilty of any action, an appropriate court decision must be made. In practice, insurance companies put forward demands for recourse, supplementing it only with a protocol on an administrative violation. Experts advise not to rush into meeting demands. Money can only be recovered from the person who was found guilty of the incident. The citizen's guilt must be proven. According to statistics, accidents occur due to mutual actions of the parties. If the citizen provides compelling evidence and the court takes it into account, the person may be relieved of responsibility for the incident, or the amount recovered may be reduced.

Calculation of the amount of recourse of the insurance company to the culprit of the accident

If the MTPL insurer makes a recourse claim against the culprit of the accident, it is important to be able to double-check the amount of the amount. Its amount depends on the insurance compensation provided to the victim and the amount of money spent by the organization to provide the payment. So, money is provided only after the damage and its cost have been determined. An expert is hired for this purpose.

The cost of the examination is included in the total amount of the recourse claim. Part of the funds is spent on running the business. This money can also be reclaimed. Let’s say the amount of payment to the victim was 50,000 rubles. 5000 rub. the insurance company spent to pay for the expert's services. It took another 2,000 rubles to conduct the case. The final amount of the recourse claim against the driver at fault in the accident will be equal to the sum of all these values and will be 57,000 rubles.

Reduced payment amount

The size of recourse claims can be significant. In addition to direct damages, the insurer will try to recover costs of handling the case and expert fees. The citizen has the right to challenge the specified amount. First of all, you need to check the correctness of the calculations made. To do this you need to familiarize yourself with:

act on the insured event;
expert opinion;
costing of repair work.

You can challenge the specified amount if the wear and tear of the car and its parts is not taken into account. Additionally, a citizen may disagree with the price of repair work and its quantity.

Statute of limitations

Appeals can only be made within the limitation period. As a general rule, its size is 3 years. This is what it says in Article 196 of the Civil Code of the Russian Federation. However, special deadlines have been established for the insurance company to claim recourse under compulsory motor liability insurance against the culprit of the accident. The insurer has the right to go to court within 2 years.

If the deadline is missed, the insurer cannot claim payment. However, the trial will still be carried out. The citizen must be reminded of the expiration of the statute of limitations. Otherwise, the payment will still be collected from him. The missed statute of limitations can only be reinstated if there are compelling reasons. The decision to provide a second opportunity to claim funds is made by the court.

Insurance companies are commercial organizations. They strive to get maximum income from each client. Therefore, you should not rely on missing the statute of limitations. Typically, requests are always made in a timely manner. But it is better to carry out a preliminary check and do not forget to remind the court about the expired period, if this happens.

Arbitrage practice

The insurer can file a recourse claim against a citizen only in court. The amount can be received only after the relevant decision has been made and it has entered into legal force. Insurance companies try to minimize losses. Therefore, if there are grounds for filing a statement of claim, they use the opportunity. Typically, the proceedings in such cases do not take much time. Insurance companies employ competent lawyers. They try to substantiate the organization’s demands as much as possible and verify their legality. If the rules are followed, the court will rule in favor of the organization.

However, the proceedings may drag on if the culprit does not agree with the company’s position. To do this, he files a response to the claim. The situation in this case is considered in more detail. The person responsible for the incident can express his point of view and put forward evidence to prove he is right. The decision is made in accordance with all aspects of the case.

If the verdict does not satisfy the citizen, you can appeal the decision. To do this, you will need to prepare documents and submit an application to a court of general jurisdiction. This will also delay the process.

In practice, citizens often refuse to provide compensation. The insurer has to initiate enforcement proceedings and enforce the debt.

It's easiest to understand with an example. An accident occurred due to the fault of a driver who was driving while intoxicated. The victim suffered damage in the amount of 30,000 rubles. The insurance company provided compensation and filed a claim in court with a recourse claim to recover money from the driver responsible for the accident. The fact of intoxication was proven by an expert opinion. The court satisfied the insurer's claims under compulsory motor liability insurance.

If the evidence base was prepared correctly and the demands are justified, the court satisfies them. Therefore, it is important to seek the help of a highly qualified lawyer who will help you defend your legal rights and try to win your case.

The insurer has the right to file a recourse claim only against the citizen who has entered into an insurance contract. The rule does not apply to all other persons. If the insurer has put forward recourse claims, this does not deprive the victim of the opportunity to also go to court and recover damage to the vehicle if the payment under compulsory motor liability insurance does not cover it completely. The person at fault has the right to challenge the claims in court, try to reduce the amount or even avoid payments. The decision is made taking into account the individual characteristics of the situation. It is important to provide evidence that you are right. Without them, the court will side with the plaintiff, who confirmed the presence of grounds for making demands.

Putting forward recourse claims against the culprit of an accident is the insurer’s right, not an obligation. An organization may not go to court if it considers the implementation of an action inappropriate. The calculation of the limitation period begins from the moment of the traffic accident. If the company does not go to court in a timely manner, it loses the right to collect funds.

The size of the amount of recourse claims can be colossal. The maximum amount of payment under compulsory motor liability insurance is 400,000 rubles if damage was caused to property. If people were injured, the amount increases to 500,000 rubles. This rule is enshrined in Federal Law N40 of April 25, 2002. Additionally, the insurer can claim funds spent on conducting the case and carrying out the examination. If the court rules in favor of the insurance company, it will not be possible to avoid recourse payments. However, a citizen may not have such a large amount of money at a time. Failure to provide the due amount may result in forced collection. However, the culprit of the incident has the opportunity to submit a request for an installment payment arrangement, which allows the provision of funds without violating the law.

10 situations when an insurance company issues a recourse claim against the culprit of an accident

What is recourse under compulsory motor liability insurance from the culprit of an accident, judicial practice, and what is the statute of limitations? The MTPL insurance company is obliged to compensate a person who suffered in a road accident for damage caused by its client. This is not only property damage to a car or structures that were deformed due to the fault of the insured person. In addition, it is necessary to compensate for the harm that was caused to the health and life of a person, i.e. expenses for treatment or funeral.

Most often, after payment, the insurance company issues a recourse claim against the culprit of the accident. This procedure is carried out in court, which requires the assistance of a qualified lawyer. By carefully examining the plaintiff's claims, it is possible to find flaws in the law and prevent regression.

What is regression

Recourse is a claim that the insurance company makes against the person at fault in the event of a traffic accident. Does the insurance company collect compensation from the person at fault for the accident under compulsory motor liability insurance? Example: according to insurance proceedings, there was an accident on the highway, the result of which was damage to the car in the amount of fifty thousand rubles, at the same time the culprit’s insurance company paid the entire amount in full, it has the right to demand payment of this amount from the culprit. This right is given to the company by current legislation.

The company can demand payment of the amount of compensation paid to it only by filing a corresponding statement of claim with the judicial authorities. These are the main conditions for recourse that must be met.

The laws of the Russian Federation control the procedure and conditions of recourse (identical rules apply in the European protocol).

Certain requirements are contained in laws such as:

Civil Code of Russia;
Federal Law “On Compulsory Motor Liability Insurance”.

These laws regulate the scope of legal relations between the insurance organization and the citizen. However, in addition to this, there are special clauses in the insurance agreement; they are drawn up by insurers with the owners of the vehicle.

A recourse claim may also be made against the organization that carried out the technical inspection of the insured vehicle before drawing up the diagnostic card, which is the main document for drawing up the insurance agreement.

The organization issuing the MTPL policy can request a refund of the damage paid under the contract from the company only if the defects that were present on the car and were a factor in the road accident were not identified. In this situation, the availability of the necessary expert opinion is mandatory, since it is used in judicial proceedings.

Does the insurance company have the right, subject to all conditions, to recover money from the person at fault for the accident? It can bring recourse not only to the owner of the vehicle found guilty of an accident on the road.

Nuances of recourse under OSAGO

The requirement to return funds to the insurance company is a guarantee of their preservation. It usually appears as a result of an accident. Many drivers who have a motor vehicle license ignorantly assume that if they are found to be the guilty party in an incident, then the insurance company will still pay compensation to the injured person.

Undoubtedly, she will pay the money, but, of course, she will turn to the culprit to get it back. And here it does not matter whether the vehicle license is issued or not, because then he must be punished for failure to comply with traffic rules.

In 2018, the amount of insurance compensation is:

for damage caused to property – 400,000 rubles;
if damage to health is caused - 500,000 rubles.

If there is no money, then collection of the debt in shares is formalized, this is done only through judicial proceedings.

To exercise its right to compensation for money spent, an organization must:

The person recognized as the victim must pay for the damage in full, taking into account the demand, documentation of the accident and the assessment of experts.
File a claim with the judicial authorities for the return of the money spent from the culprit.

These are the main conditions for recourse from the insurance company in the event of an accident to the culprit of the accident under compulsory motor liability insurance; they are mandatory. It needs to be said that the guilty person does not need to miss these trials. If it is not there, then the decision to reimburse the entire amount for the insured event will be made in absentia; most often, the amount of compensation may be inflated several times.

If the decision is made in the presence of the guilty person, then how can one not pay the recourse under the civil rights license, how can it be challenged? If the owner of the car, found to be at fault in the incident, does not agree with the amount of recourse, then he can file a counterclaim (a sample of such a statement can be found on the Internet).

In addition to the paid cost of insurance compensation, the organization has the right to recover from the defendant in the claim the money spent on:

insurance case proceedings;
organization of examination.

Practice in the courts suggests that most often companies that issue compulsory motor liability insurance file a claim for the return of the amount spent on compensating for losses. Such situations most often arise in the relationship between the policyholder and the Rosgosstrakh company.

However, to the delight of drivers, it must be said that it is usually possible to obtain a reduction in the amount of payments, referring to the conclusions of an examination carried out by a court decision or by proving the groundlessness of the insurer’s claims.

The guilty person should not skip court proceedings on a regressive claim. If the driver does not attend the trials, then a decision to reimburse the amount of compensation in full will be made in absentia.

Most often, the insurer overestimates the amount of money paid, and the person responsible for the accident then directly in the legal process has the right to express his disagreement with these requirements of the insurance company.

When is regression presented?

You need to know that the insurance organization does not always have the right to make a recourse claim against the guilty party.

Russian legislation specifically indicates all cases when a company issuing compulsory motor liability insurance is vested with such a right (not to be confused with a CASCO policy).

Specifically, an organization concluding an agreement on compulsory motor liability insurance can file a recourse against the culprit in the following situations:

If there was intent. For example, if he was specifically involved in a traffic accident. The insurer may then request a refund of the insurance coverage amount.
In certain situations, the actions of the guilty person may have specific signs of other violations of the law. For example, if the driver deliberately crashed the victim’s car, then it is necessary to initiate a case for damage to citizens’ property.
The driver consumed alcohol or drugs while driving. Undoubtedly, this must be confirmed by the conclusion of a medical commission.
The citizen who committed the accident did not have the right to drive a vehicle. The regulations state that a driver's license is valid for ten years. The deadline has expired, but the person has not changed his license, then the insurance company gets the opportunity to file a recourse.
The person who caused the accident is not indicated in the motor vehicle document as the driver of the vehicle. When drawing up an insurance agreement, the vehicle owner indicates a list of persons entitled to operate the vehicle.
The incident occurred at a time when the vehicle could not be used. A citizen can indicate the period during which vehicles will be used for movement. For example, it is possible to formalize an agreement, determining that the transport will be used only in the summer, and traveling on it during other periods is a violation of the law. In case of an accident in winter, the insurance organization has the right to return the amount of insurance paid to it.
The driver who caused the incident left the scene of the accident. Citizens involved in the incident are required to stop driving and follow certain instructions that are needed to report the accident.
Recourse from the insurance company for failure to provide notice. According to the current laws of the Russian Federation, the driver is obliged to report an accident to his company that entered into an agreement on compulsory motor liability insurance and provide all documentation within five days from the date of the event, otherwise he will have to pay money to compensate for the damage himself.
The driver, found to be the culprit of the event on the road, began restoring the car without the permission of the organization that entered into a car license with him. This requirement is valid for fifteen days from the date of the accident. An identical situation arises if the driver refuses to undergo a vehicle examination.
The diagnostic card was expired at the time of the accident.

These are the main situations, the presence of which gives the right to the company issuing compulsory motor liability insurance to present a refund of the money spent to the person responsible for the accident.

How to prevent regression

Are there legal ways to avoid paying the insurance company's recourse?

There is a list of rules that any driver who has a policy to protect against unnecessary expenses must follow:

A disciplined driver greatly reduces the likelihood that he will cause an accident. Therefore, in order to prevent the occurrence of regression, he must observe road accidents and be careful, since the road does not forgive mistakes.
It is necessary to follow the terms in the car insurance policy. There are citizens who, for various reasons, pay for insurance for less than 360 days; you need to remember this and pay the missing amount in a timely manner.
The truck must have a valid inspection certificate. The driver himself must control this.
In any policy, the driver of the car must be indicated in the columns of the form. It is necessary to personally check that the full name is written in the document to which the driver is assigned.
A person does not drive his own car, then he must always have a power of attorney from the owner in his full name.
If an accident occurs while driving, you must not leave this place, as this will be regarded as an attempt to avoid punishment.
You cannot conceal from a company concluding an MTPL agreement with a citizen various information related to the accident. You cannot restore the car without the permission of the insurer.

Subject to the above rules, a person reliably protects himself from a recourse claim from the insurer who issued the MTPL.