Recourse claim by the insurance company against the person responsible for 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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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?

Drivers about the grounds and procedure for collecting recourse under compulsory motor liability insurance from the culprit of an accident

As you know, in the event of an accident, the insurance company compensates for the damage caused to the injured party. However, in a number of cases provided for by law, the insurer has the right to put forward a recourse claim against the culprit of the accident. So, what is regression under OSAGO? From whom and in what cases is it collected? Is it possible to challenge?

What it is?

In accordance with paragraph 1 of Art. 1081 of the Civil Code of the Russian Federation, a person who has compensated for damage caused by another citizen has the right to demand compensation from the culprit in the amount of compensation paid. This right is called a reverse claim or recourse.

The regression requirement under OSAGO has a number of features:

it can be presented only in certain cases specified in the legislation;
the insurance company that paid compensation in favor of the injured party has the right to initiate collection;
recourse can only be brought against the person at fault for the insured event.

Similarities and differences with subrogation

often confuse concepts such as recourse and subrogation . These mechanisms have a similar pattern of action, but there are a number of differences between them, which are as follows:

The person who has compensated for the damage may submit a recourse claim. In other words, such a right arises only in the event of harm. The right to claim by way of subrogation arises from the insurance contract.
Regression can be put forward only in strictly designated cases. The right of subrogation is always one of the conditions present in the property insurance contract.

Statute of limitations

The period of time during which the insurance company has the right to put forward a recourse claim under OSAGO is determined in accordance with clause 2 of Art. 966 of the Civil Code of the Russian Federation. Thus, according to this rule, the statute of limitations for claims arising from an insurance contract for liability to other persons (due to damage to property or health) is 3 years.

When can regressive demands be made, and on what basis?

The list of cases in the event of which the insurance company has the right to make a recourse claim against the culprit is indicated in Art. 14 Federal Law of the Russian Federation “On OSAGO”. The main situations are discussed in more detail below.

The harm was caused intentionally

If it is established that the culprit deliberately provoked the occurrence of an insured event, thereby causing harm to the other party, then he will have to compensate the insurance company for the amount of compensation paid.

Absence of the guilty person in the policy

As is known, in the case of registration of a limited compulsory motor liability insurance, all persons admitted to management are required to be included in the policy. It indicates their full name and driver's license details.

The policy has expired

An MTPL policy can be purchased for various periods (3, 4, 5 or more months) . However, regardless of the period for which the insurance is issued, upon its expiration the compulsory motor liability insurance must be renewed. A car owner cannot drive a vehicle with expired insurance. The at-fault party will have to pay the recourse claim made by the insurance company.

Drunk

A state of intoxication means a clouding of the mind due to the use of alcohol, narcotic and intoxicating drugs, etc. This offense is a fairly serious violation.

Driving a vehicle without a driver's license

Each driver, when getting behind the wheel, must have a driver's license of the established form and the appropriate category of vehicle.

Fleeing from the scene of an accident

In the event of an accident, the person through whose fault it occurred must wait for the arrival of the traffic police officers. In this case, unauthorized departure from the scene of the accident may entail the emergence of an obligation based on age to the insurer for the amount of compensation paid to the injured party.

No valid maintenance

The presence of an expired vehicle diagnostic card is also grounds for filing a recourse.

In accordance with paragraph 2 of Art. 14 Federal Law of the Russian Federation “On Compulsory Motor Liability Insurance”, if an accident occurred due to a vehicle malfunction, the insurance company has the right to make a recourse claim in the amount of the compensation paid to the specialist who carried out the technical inspection and issued a diagnostic card containing information that the car fully complies safety requirements.

Reasons according to the Europrotocol

The grounds for filing a regression claim under the Euro Protocol are the following cases (clauses g) and h) clause 1 of Art. 14 Federal Law of the Russian Federation “On OSAGO” :

The culprit did not send a completed accident notification form to his insurer within 5 days from the date of the insured event.
Before the expiration of 15 days from the date of the accident, the culprit’s car was repaired or disposed of. At the same time, the person who caused damage to the property or health of the other party did not present his car for inspection and examination at the request of the insurance organization.

Procedure for collecting damages

The procedure for monetary recovery by recourse is carried out in the following order:

First, the insurance company sends a pre-trial claim to the person at fault for the accident, containing a demand to pay money in the amount of the insurance compensation paid.
If the violator does not agree with the insurer’s requirements, the next step is to file a claim in court.
Insurance company specialists prepare a claim, collect documents, necessary evidence of the legality of the recourse claim and send it to the court for consideration.
Next, the case is heard, the arguments of both sides are heard, as well as the testimony of witnesses and experts.
At the end, a final court decision is made, according to which the culprit will have to make compensation (if the claim is satisfied) or he will be released from recourse (if it is determined that the insurer’s claim is unlawful).

Possible amount and example of its calculation

The amount to be paid under a recourse claim is determined based on the amount of compensation made by the insurer in favor of the injured party. However, this amount may also include additional costs associated with the proceedings.

When determining the amount of damage, the results of damage examination, as well as wear and tear of the machine and its individual spare parts are taken into account.

For example, an accident occurred on the highway, as a result of which driver A caused damage to driver B’s car. The insurance company inspected the vehicle, conducted an examination and, based on this, paid the amount of damage to the driver in the amount of 120,000 rubles. In this case, the insurer incurred additional expenses in the amount of 10,000 rubles.

Thus, in this case, the amount of compensation for the regression claim will be: 120,000 + 10,000 = 130,000 rubles.

How to avoid - practical advice

To avoid receiving a regression request, you must adhere to the following simple recommendations::

strictly comply with all the rules established by the insurance company regarding the registration of an accident (deadlines for sending notifications of an accident, presenting the car for inspection, etc.);
do not drive while intoxicated;
renew the MTPL policy in a timely manner, avoiding its delay;
do not give your car to persons who are not included in the insurance (for limited compulsory motor liability insurance);
Be sure to carry your driver’s license with you in the car;
Under no circumstances leave the scene of the accident without waiting for the traffic police to arrive;
carry out technical inspection of the machine in a timely manner;
comply with other requirements provided for by law.

What to do if the insurance company has made recourse claims against you?

There are several options here:

filing a written objection to the insurer's claim;
filing a counterclaim;
appealing a court decision.

Challenging the legality of payments

If there are reasons to believe that the insurance company has carried out illegal actions related to the payment of compensation under compulsory motor liability insurance, you can try to prove that you are right. Here the following may serve as evidence:

testimony of witnesses that the insurer did not pay compensation to the injured party;
documentary evidence that the amount stated in the claim was actually paid in a smaller amount, etc.

Contesting guilt

If a person is completely sure that there are no legal grounds for presenting recourse claims against him, then he will need to confirm his innocence. Evidence may include :

a receipt from the post office for sending a notification of an accident by registered mail to the insurance company (in the case of Europrotolock);
testimony of witnesses that the car was provided to the policyholder for inspection and examination;
conclusion of a forensic examination that there was no alcohol in the driver’s blood, etc.

Reducing the amount of damage

Sometimes situations occur when the person to whom recourse has been filed does not deny his guilt, but does not agree with the amount of calculated damage. In this case, you can achieve a reduction in the amount of recourse. However, it should be noted that this is a rather complex process. In this case, you will have to re-carry out an independent examination of the damaged vehicle.

In conclusion, it is worth noting that in addition to paying the recourse penalty, when taking out a policy for the next period, an increasing coefficient (KN = 1.5) will be applied to the violator, which will lead to an increase in the cost of compulsory motor liability insurance.

Recourse of the insurance company to the culprit of the accident

Today, such a concept as recourse in car insurance occurs quite often and not every car owner, when concluding an agreement with an insurance company, knows about it. When purchasing a car insurance policy, policyholders are accustomed to the fact that the company protecting their interests in the event of a traffic accident will compensate for all losses.

But in reality, this practice is not so common, but the recourse of the insurance company to the culprit of the accident under compulsory motor liability insurance is becoming commonplace. What is it and who should pay compensation in the event of a car accident or compensate for harm caused to a person’s health, you will find out further in the article.

What is regression in OSAGO

According to the terms of the contract in 2019, concluded when purchasing a compulsory car insurance policy, the company providing the service of protecting the driver’s civil liability undertakes to pay compensation for it to third (injured, innocent) parties.

That is, the MTPL agreement assumes that the guilty car owner will not suffer financial punishment, since the insurer will pay for him the necessary amount for health treatment or car repairs. But you shouldn’t rely 100% on the insurer, because he can use the right of recourse under OSAGO, as a result of which the culprit will still have to pay.

Simply put, the current legislation does not exempt motorists who initiate car accidents from paying compensation to victims, since the insurer has the right to go to court for the return of compensation and win the case. The insurer's right of recourse under compulsory motor liability insurance applies to all car owners who use the company's organization in the field of compulsory motor insurance.

At its core, recourse under compulsory motor liability insurance is the collection of money from the policyholder in favor of the insurer, if the latter has previously paid compensation to the victims in the same amount as is requested from the initiator of the accident. This requirement is not always presented to the guilty person, which means the need for payment can be challenged.

Regardless of how the traffic accident was reported, i.e. according to the standard with a call to the traffic police or the European Protocol has been issued, regression can be applied if the insurer itself has complied with the following conditions :

The amount of the insurance compensation was paid by the company in full in favor of the victim, having previously carried out an examination to identify the extent of the damage caused.
To ensure the legality of the payments, the organization went to court. Only if an application is received by the policyholder, the court recovers a certain amount from the guilty car owner under compulsory motor liability insurance recourse.
If the insurer has not filed a claim, then it has no grounds for filing a recourse, which means the claim will be considered illegal.

In what cases is recourse imposed under compulsory motor liability insurance against the culprit of an accident?

Violation of traffic rules not only causes serious financial difficulties, but also criminal penalties. By purchasing a car insurance policy, each policyholder hopes that he will be saved from all the hardships that may occur along the way while operating the car.

But the MTPL policy of the guilty car owner contains rules according to which the insurance organization has the right to recover compensation and compensate for its losses.

An insurance company does not always charge recourse under compulsory motor liability insurance from the person at fault for an accident, because this requires compelling reasons, for example:

The accident occurred during a period that was not indicated in the “motor citizen”, i.e. Seasonal insurance was purchased.
The insured, being the initiator of the accident, fled the scene of the accident.
At the time of the accident, the guilty car owner was not sober because he had consumed alcohol or other drugs.
When registering an accident according to the European Protocol for the culprit, it was found out that he intentionally caused the accident.
Driving a vehicle without a driver's license.
The motorist who initiated the accident did not provide the report to his insurer within 5 days, i.e. did not submit the notice within the allotted time.
Regression requirements under OSAGO will be applied if a category D driver transported cargo with or without an expired technical inspection document.
The driver did not have the right to drive the car and operate it, since he did not have a power of attorney or was not included in the policy.
The guilty car owner did not provide the Europrotocol to the insurance company.

How to avoid recourse under compulsory motor liability insurance

Civil liability and judicial practice are such that if a recourse claim is applied to the car owner, then most often the court takes the side of the insurance organization, and not vice versa. Therefore, in order not to pay recourse under compulsory motor liability insurance, it is enough to adhere to several rules and avoid the situations listed above.

That is, in order to protect himself from expenses, the car owner needs:

At the time of the accident, the driver must have all documents in order and assembled.
Always follow traffic rules.
Don’t forget to keep track of the deadlines on the “motor citizenship” form so as not to overdue it.
If you get behind the wheel of someone else's car, make sure that it has an open type of insurance or take with you a power of attorney from the owner issued by you personally for the right to operate it.
To avoid recourse under the European Protocol, promptly notify your insurer about the incident.
Under no circumstances leave the scene of a road accident without drawing up a report and notice.

How to challenge recourse claims

If after a traffic accident the insurance company demands compensation for damages under compulsory motor liability insurance, then you have probably violated one of the rules under which this claim will be considered legal. Typically, an insurer will file a claim after a car accident to recoup the losses it incurred by paying compensation to the injured party instead of its at-fault client.

But a recourse claim from a company can be appealed, especially if there are weighty arguments in favor of the defendant, such as:

The amount paid to the victim was not full, and the insurer is demanding the full amount of compensation from the policyholder.
Repairing the injured car owner's car is not yet legal, i.e. the exact amount is unknown.
The deadline for filing a claim in court was overdue.

In order not to pay recourse under the European Protocol or OSAGO, the policyholder needs to make sure that the actions of the insurer are illegal. Only in this case, the claim against the insurance company’s recourse claims will be null and void and the car owner will be able to appeal it or write a counterclaim in order to receive compensation.

Statute of limitations

So, when purchasing MTPL insurance, every car owner must understand that if the culprit did not provide the insurer with the necessary documents on the accident at the agreed time or hid the details of the accident (made repairs before the examination or disposed of the car), then the company has the right to demand money from the insured by way of recourse.

But if the deadline for filing is missed, the insurer may receive a denial of the claim and the car owner will be released from paying compensation.

Thus, the rules of OSAGO state that the statute of limitations for recourse depends on the purpose of the payment:

For damage caused to property, the period is 2 years.
For damage caused to life and health – 3 years.

Therefore, if the company files a claim three years after the incident occurred, the recourse can be challenged based on the missed statute of limitations.

Recourse under compulsory motor liability insurance against the culprit of the accident

Drivers' participation in the MTPL program implies that their liability for an accident is “transferred” to the insurance company. However, in some cases, the car owner may be required to recover the amount of insurance paid. Recourse under compulsory motor liability insurance from the culprit of the accident is applied on the grounds specified in Art. 14 of Law No. 40-FZ.

What is regression in MTPL insurance?

The insurance company's recourse is to file claims against the culprit of the accident if the amount of compensation has already been actually paid to the victim. It is impossible to demand recourse compensation before payment under the MTPL policy. As a general rule, the guilty party will be obliged to reimburse the insurer for the entire amount transferred to the victim.

If the insurance company has reviewed the materials resulting from the accident and paid compensation to the victim, recourse claims will not necessarily be made. The insurer's right of recourse arises only on the grounds listed in Art. 14 of Law No. 40-FZ:

if, as a result of the driver’s intentional actions, harm to life and health was caused;
if at the time of the collision the culprit is under the influence of alcohol, drugs, or other intoxicating substances;
if the violator did not have rights or was previously deprived of them;
if the guilty participant fled the scene;
if the citizen was not included in the MTPL policy;
if the insured event occurred during a period when the insurance contract was not in force;
if a notification of an accident was issued with the participation of traffic police officers, but the car was not presented for inspection by the insurer within 15 days;
if, when purchasing an electronic policy, the car owner provided inaccurate information about the car.

Another special case of recourse is provided for the absence or expiration of a diagnostic card for a vehicle, taxi, bus or truck. In 2019, paragraph g of Part 1 of Art. was excluded from the list of grounds for a recourse claim. 14 Federal Law on compulsory motor insurance. He allowed for prosecution for violating the five-day deadline for filing a notification about an accident. Now, recourse is not applied for such a violation of the MTPL rules.

Before the adoption of the Regulation of the Central Bank of the Russian Federation No. 431-P, the recourse procedure was carried out according to Article 76 of the MTPL rules. However, since 2014, Decree of the Government of the Russian Federation No. 263 has been repealed, and bringing the culprit to justice is carried out only under Law No. 40-FZ.

Difference from subrogation

The insurance system can apply not only the recourse procedure, but also subrogation. Their key difference lies in the different grounds for making claims. In the recourse process, such a right arises only when the damage is actually compensated by a person (insurance company) that did not cause it. With subrogation, only the rights of claim are transferred to the original creditor (victim).

How to find out how much the victim was paid

By way of recourse, only compensation actually paid to the victim can be recovered. If a referral for repairs to a service station was issued, this amount will be determined according to the agreement with the car service center, the work order. If the insurance company has filed a recourse claim, you can find out about the compensation actually transferred in the following ways:

by written or oral contact to the insurer at the stage of pre-trial dispute resolution;
by requesting insurance case materials in a lawsuit (if the insurer did not immediately attach them to the claim);
by conducting an independent examination through an appraiser (if you have a report on a previously conducted examination).

Information about the actual compensation paid should always be in the insurance file. If such documents are missing or are in doubt, the insured-victim can be summoned to court . If you receive an SMS from an insurer, a claim or a recourse claim, immediately contact a lawyer for advice. Only in this case can you challenge the insurance claims and choose the best protection option.

How to avoid recourse under compulsory motor liability insurance

The most obvious way to avoid recourse claims is to avoid getting into an accident. Since it is almost impossible to avoid road incidents, to eliminate additional liability, consider the following recommendations:

never drive while intoxicated, do not give control to drunk drivers;
do not leave the scene of the accident until all procedural documents have been completed;
issue and renew your MTPL policy in a timely manner, hand over the steering wheel only to drivers included in the insurance;
comply with the requirement to present the car for inspection by the insurer's experts.

If a non-contact accident occurs, a recourse claim may be filed even if there is no external damage to your car. For example, if your culpable actions caused a collision between two other cars, you may not notice this fact and unintentionally flee the scene of the accident. In this case, recourse will be legal. Pay close attention to the traffic situation to avoid such disputes.

How to appeal against the insurance company's recourse to the person at fault for an accident

Regression following an accident goes through several mandatory stages. The pre-trial procedure consists of sending a written claim. If you do not pay, a claim will be filed in court. Here are some recommendations that will allow you to defend your interests and challenge the court’s decision:

pay close attention to the paperwork at the scene of the incident, ask for your objections and additions;
take part in the inspection of the damaged vehicle;
Receive documents by mail and subpoenas in a timely manner;
when submitting recourse claims, immediately contact a lawyer;
Be sure to participate in court hearings and file complaints against the decision in a timely manner.

Even if the court upheld the claim, this is not a reason to give up and immediately pay the insurer. An appeal may be filed within 30 days, and the decision that has entered into force can be canceled through cassation and supervision . If these measures do not bring results, you can achieve a deferment or installment plan for payments. Such methods of protection must also be taken through the courts.

How to reduce recourse requirements

If the insurance company paid money to the victim and requires recourse compensation from you, you can try to reduce the amount of compensation. This is easier to do if immediately after the accident you took part in paperwork and inspecting the damaged car. You can use the following options to reduce the amount of the penalty:

receive a vehicle inspection report, order an independent examination;
check the list of damages and work performed at the service station, request the exclusion of unnecessary spare parts;
make sure that the amount of insurance paid corresponds to the requirements.

The Civil Code of the Russian Federation obliges the plaintiff to prove the amount of the claims. Therefore, in the legal process, the insurance case materials will necessarily be checked in order to avoid overestimating the amount of the claim. The insurer has no right to refuse to transfer these documents at the request of the court. The defendant is given the right to file objections and present his own evidence. For example, you can file a request for a forensic examination if there are doubts about the objectivity of the damage assessment.

How not to pay recourse

The insurance company will be denied a recourse claim if the grounds under Art. 14 of Law No. 40-FZ. For example, if you prove that you did not drink alcohol before driving the car, this circumstance will not allow you to use the recourse rule. You can avoid payments if your innocence is proven, or if the statute of limitations for filing a claim is violated. Cancellation of a judicial act is also allowed in case of procedural violations of the rules of the Code of Civil Procedure of the Russian Federation (for example, improper notification of the defendant).

Statute of limitations

To bring a recourse claim, the insurer is obliged to comply with the statute of limitations provided for in the Civil Code of the Russian Federation. If the 3-year period is violated, you can legally demand the termination of the civil case and refusal to satisfy the claim. The statute of limitations for recourse can only be restored for good reasons. In practice, it is almost impossible for an insurer to do this, unlike individuals.

Arbitrage practice

Compensation for damage by way of recourse has repeatedly been the subject of consideration by the Supreme Court of the Russian Federation. In particular, important procedural issues were reflected in the Practice Reviews for the 3rd quarter of 2015 and the 1st quarter of 2018. Let us highlight the most significant court decisions related to the recourse claim under OSAGO:

if the insurer refuses to pay the victim, he cannot make any claims against the culprit of the accident;
cases where the insurance company did not initially involve the guilty person in inspecting the damaged car are considered an abuse of law;
recourse requirements cannot be applied to DSAGO policies that are voluntary in nature and do not fall under Law No. 40-FZ.

Another important order of the Supreme Court of the Russian Federation is compliance with the pre-trial procedure for resolving a dispute. The insurer has no right to file a claim in court until it sends a claim to the person responsible for the accident and waits for the result of its consideration. The time for consideration of letters of claim cannot be less than 30 days, as this complies with the norms of the Civil Code of the Russian Federation. If the claim procedure is violated, the claim must be denied.

If you are faced with a recourse claim from an insurance company under compulsory motor liability insurance, immediately contact our lawyers for a free consultation. The sooner you take protective measures, the greater your chances of avoiding payments after an accident. During the consultation, you will receive an explanation of the law and judicial practice, and you will be able to order the preparation of documents for the trial.