Subrogation under compulsory motor liability insurance from the culprit of the accident

Simultaneously with the introduction of the compulsory right to insure civil liability of motorists, many different terms appeared based on the terms of the insurance contract.

The word subrogation comes from Latin and means substitution. According to Article 965 of the Civil Code, this means that the insurance organization that paid compensation to the victim receives the right to receive compensation for losses from the person who caused the harm.

In the modern world, subrogation is used in many countries and helps to avoid double payments in favor of the victim.

Thus, subrogation under compulsory motor liability insurance from the person responsible for the accident allows the insurer to compensate for its damages at the expense of the funds of the driver through whose fault the road accident occurred.

After all, the insurance organization that has already paid the damage under the concluded contract becomes the person who suffered the loss within the amount paid. The victim is being replaced.

But this does not mean that the motorist at fault for the accident is obliged to pay money out of his own pocket, because he also has an MTPL insurance policy. First of all, the insurance company with which the motorist entered into an agreement will compensate for the damage.

At the moment, the maximum amount of such payments is 400 thousand rubles. If the amount required for repairs exceeds the specified amount, then the person responsible for the accident is obliged to independently compensate for the damage.

Features of subrogation in case of an accident

After a traffic accident occurs, the victim has the right to receive insurance payments. If the car is insured only under a compulsory motor liability insurance contract, the damage is paid by the company with which the person responsible for the accident entered into an agreement.

The insurer of the guilty party must compensate the damage to the victim’s company and only after that make claims to the insured.

Since when applying for compulsory motor liability insurance the maximum amount of damage does not exceed 400 thousand rubles, the insurer of the culprit of the accident has the right to use subrogation only if this amount is exceeded.

In accordance with the law, if insurance payments are made under a compulsory motor liability insurance policy, then the injured party is the company that has an agreement with the culprit.

The insurance company demands compensation for damages for the accident by subrogation; the culprit of the accident is presented with a claim based on the facts. The document must contain compelling circumstances for charging the amount and payment terms.

If the culprit does not want to compensate for the damage voluntarily, then all documents are submitted to the court, where a decision is made on forced collection of the debt.

Cases from judicial practice

Quite often, drivers are unwilling to accept the fact that they are required to pay subrogation or do not know how to resolve the situation without litigation.

In some cases, insurers themselves file a claim in court, without prior notice to the culprit.

But subrogation in road accidents is not uncommon; judicial practice is quite extensive. To understand all the possible nuances, you should consider the most common situations that occur.

Examples from judicial practice:

There is an MTPL policy . In judicial practice, there are cases when, even if there is a compulsory motor liability insurance policy, a claim for subrogation was still filed. The court refused to satisfy it, since the damage is subject to compensation under the insurance contract.
Fraud by insurers . If there is compulsory motor liability insurance, everything is usually resolved without litigation. If there are no legitimate reasons not to pay, then no court will come up with them. The process is approximately the same in all cases. Experts from the insurance company conduct an examination, during which the cost of spare parts is inflated several times, the need to replace serviceable parts is announced, and the like. Usually, after about 2.5 years, the person responsible for the accident is sent a claim for payment of the required amount. If he refuses to reimburse the funds, the case is heard in court. After a forensic examination, such an overestimation will immediately be revealed. In addition, the insurer’s examinations are recognized as invalid, since he did not notify of their conduct. The insurance company refuses to satisfy the claim. Such cases occur quite often since the increase in the amount of insurance payments.
Paid by subrogation . If the culprit does not provide reasonable evidence of the cancellation of subrogation, the court makes a decision on the payment by the defendant of the recovered amount.
Subrogation with insurance . Sometimes people are interested in the possibility of reimbursing payments from the insurance company. But only the insurer has the right to receive subrogation.

Limitation period for compulsory motor liability insurance

The statute of limitations for subrogation under compulsory motor liability insurance is the period of time allotted to the vehicle owner to go to court in order to solve the problems that have arisen.

If a person does not have time to file a claim, he may be denied consideration of his case.

In most cases, the law provides for a limitation period of 3 years. But the statute of limitations under compulsory motor liability insurance is only 2 years. This line is established for claims that are brought against insurance organizations.

If a claim is filed for recovery from the culprit of the accident, then the period for it will be 3 years.

The issue of the limitation period for subrogation under compulsory motor liability insurance requires special consideration. Since subrogation regulates relations regarding compensation for harm, and not issues related to property insurance, the limitation period will be not two years, but three.

It should be taken into account that the defendant’s silence and his ignoring the claim from the insurance company in anticipation of the expiration of the statute of limitations generally lead to the court satisfying the claim even after the statute of limitations has expired.

Because the defendant did not respond within the prescribed time limit. Therefore, it is better not to try to avoid payment in this way.

The limitation period for subrogation is prescribed in the main obligation and is counted from the date of the insured event.

When the insurer makes claims against the at-fault party

Subrogation under compulsory motor liability insurance from the culprit of an accident occurs if:

The guilt of one of the drivers has been fully proven and confirmed by certificates from the traffic police.
The presence of an appropriate agreement between the insurer and the insured, valid at the time of the accident.
The victim received the insurance payment in full. Its size is calculated based on data from the examination.
The statute of limitations has not yet expired; it is 3 years.

It is important to take into account that the amount of recovery from the culprit of the accident cannot be more than the amount that the victim received under the insurance contract.

Subrogation cannot exist in the following cases:

It has been proven that the road accident occurred as a result of circumstances beyond the control of the culprit, as a result of unintentional actions.
The injured party has no property claims against the victim for certain reasons. But in this case, it is impossible to receive payment under compulsory motor liability insurance, because the lack of claims is the main reason for refusal of insurance payment.

The procedure for subrogation under compulsory motor liability insurance

Insurance subrogation is manifested in compensation to insurers for losses incurred in a road accident. The procedure for subrogation under OSAGO looks like this:

The culprit and the victim in the accident are being identified.
In accordance with the law, the victim has the right to contact the culprit of the accident or his insurer regarding compensation for damage.
If the policyholder appeals to the insurer for payment and the damage is fully compensated, the insurer acquires the right to demand compensation from the guilty party.
In fact, subrogation is the replacement of the injured party, whose place is taken by the insurer after the payment has been made.

It is in this order of subrogation that compensation for damage in case of an accident is carried out. Subrogation is a risk that every at-fault party should be wary of when causing damage to the victim. If the latter has an insurance contract.

Whenever possible to make a corresponding claim, the insurance company will definitely do so.

Initially, a subrogation claim will be made against the at-fault driver's insurer, and if the claim exceeds the insurance coverage, the claim will be made against the at-fault driver.

The insurance company is obliged to confirm its claim against the at-fault motorist with the following documents:

confirmation of the existence of an insurance contract concluded with the victim and valid at the time of the accident;
documents from the traffic police that confirm the fact of the accident;
confirmation of the driver’s guilt;
conclusion of an examination of the damage, calculation of the cost of restoration, an acceptance certificate for the transfer of repair results;
confirmation of payment of damage.

Regression and subrogation of compulsory motor liability insurance

Regression and subrogation of compulsory motor liability insurance are the rights of the insurance company . Initially, the injured person contacts the insurance company, receives insurance payments, and after that the insurer has the right to use recourse or subrogation.

The main differences between these concepts:

The company that paid the amount of damage has the right of recourse against the person responsible for the accident. Moreover, he is her client. The reason may be that during the accident he violated the terms of the insurance contract, for example, he was intoxicated.
And subrogation arises from the insurer who paid the amount of insurance compensation. The organization has the right to demand compensation for losses from the culprit of the accident. The amount of the claim is limited; it should not exceed the amount of payments to the injured party.

The requirement period will also vary. In the first situation, it begins to be calculated from the moment of the incident, and in the second, from the moment the payment is made.

The significant difference between recourse and subrogation is that the insurance organization can demand compensation from its own client.

Thus, subrogation is an elementary transfer of the right to recover the amount of damage caused by the culprit of the accident. Insurance companies that have entered into a compulsory motor liability insurance agreement can exercise the right to compensation for losses in the event of a road accident.

It is impossible for those at fault for an accident to protect themselves from subrogation, since this is the right of the insurer provided for by law.

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

Subrogation under compulsory motor liability insurance from the culprit of the accident

If a citizen initiates a traffic accident, he is subject to numerous collection procedures – both financial and legal. One of these tools is subrogation of the insurance company under compulsory motor liability insurance from the person at fault for the accident.

Not every driver is fully aware of the peculiarities of the subrogation procedure under compulsory motor liability insurance from the culprit of an accident. But it is imperative to know at least the basic nuances, since possible financial costs can become quite large.

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

Subrogation refers to a procedure when an insurance company, which has provided compensation payments established by agreement to its client upon the occurrence of an insured event, seeks funds from the culprit of the traffic accident to reimburse the costs incurred. Based on this definition: there is no such thing as subrogation under compulsory motor liability insurance from the person at fault for the accident; subrogation under compulsory motor liability insurance occurs only between insurance companies. Collection of the required compensation from the citizen responsible for the accident is relevant only if the victim has CASCO insurance.

To clarify, the essence of the subrogation process is that after the insurer has compensated its policyholder for damages under CASCO insurance in connection with an accident, the company can exercise the right to recover the losses incurred from the guilty party. Subrogation occurs when the insurance company spent more to cover the insured event than provided for in the MTPL auto liability contract.

Law on subrogation of an insurance company under compulsory motor liability insurance

There is no legislative framework providing regulations for subrogation under compulsory motor liability insurance from the culprit of an accident.

However, the definition of the concept of subrogation and the main nuances of the process are clarified in Art. 965 of the Civil Code of the Russian Federation. Additionally, other regulations must be taken into account. For example, it is worth paying attention to Art. 939 of the Civil Code of the Russian Federation, according to which an insurance company that has drawn up a corresponding agreement with a citizen undertakes to pay off the damage received by him in the event of an insured event. Art. 947 of the Civil Code of the Russian Federation clarifies the specifics of the required payments.

Other positions of the Russian regulatory system can also be used, which directly or indirectly highlight the main subtleties of the subrogation procedure from the perpetrator of a traffic accident.

Reasons for subrogation to the culprit of the accident under compulsory motor liability insurance

As was previously established, subrogation under compulsory motor liability insurance to the culprit of the accident cannot be carried out.

As for the reasons for implementing the subrogation process, it is worth noting Art. 965 of the Civil Code of the Russian Federation. In accordance with its provisions, the insurer, which has paid the insured amounts upon the occurrence of an event provided for in the insurance contract, receives the right to claim compensation within the limits of the paid amounts from the person responsible for the losses (400 thousand rubles under OSAGO, if the damage amounted to more than 400 thousand rubles, recovery by subrogation occurs with culprit of the accident).

In paragraph 1 of Art. 965 of the Civil Code of the Russian Federation specifies that the parties to the agreement may exclude the option of subrogation. However, the same paragraph provides that this restriction is considered void if the claims are sent to the person who intentionally caused the losses. That is, the right to subrogation can be exercised due to the occurrence of costs, with one exception - in case of unintentional damage.

At the same time, in order to implement subrogation from the person responsible for the emergency, it is necessary to ensure compliance with specific conditions:

the involvement of one of the participants in the traffic accident in initiating the accident has been finally established - this position must be documented by traffic police inspectors;
the presence of a valid CASCO agreement between the insurance company and the citizen who was recognized as a victim;
compensation payments in respect of the victim were made in full - the amount is determined in accordance with the results of the examination;
the statute of limitations has not expired at the time of application;
the amount of subrogation from the initiator of the accident does not exceed the amount that was paid to the victim under the insurance contract.

IMPORTANT

There are two situations to consider when subrogation cannot be recovered. The first is if it was established that the traffic accident occurred for reasons beyond the control of the participants in the accident (in connection with unintentional actions (clause 1 of Article 965 of the Civil Code of the Russian Federation)). The second is that the victim has no claims against the culprit for any reason (clause 4 of Article 965 of the Civil Code of the Russian Federation).

However, in this case, you should not count on insurance payments - after all, the absence of intentions implies the absence of the need to receive compensation accruals.

Procedure as a result of subrogation from the insurance company to the culprit of the accident under compulsory motor liability insurance

The law does not provide for any regulations for the implementation of subrogation under compulsory motor liability insurance from the culprit of an accident, since this phenomenon is simply not fixed either in practice or in regulatory documents.

Regarding the procedure for subrogation from the driver responsible for the accident under CASCO, it is worth considering the following procedure:

The person responsible and injured in the traffic accident is being identified.
According to the law, the victim has the right to submit a request for monetary compensation either to the culprit or to an insurance company under MTPL or CASCO.
If the driver contacted the insurance company and compensation payments were provided in full, CASCO insurance companies can take advantage of the opportunity to demand reimbursement of costs from the initiator of the accident - either by filing a claim independently or through the court.

Regarding the actions of a citizen in respect of whom the subrogation procedure is being implemented, he needs to take into account the following algorithm:

In no case should you ignore a claim from an insurance company or a statement of claim from judicial structures.
One should also not agree with the plaintiff’s findings.
It is necessary to obtain information on the repair work carried out and an expert assessment, according to which the amount of compensation was calculated.
It is important to carefully analyze whether, when determining the amount of monetary compensation, the correction of damages that were not caused by the accident in question were not taken into account.

Additional Information

Additionally, to achieve success in appealing a claim, it is recommended to use the services of a qualified lawyer with extensive experience in this field. However, the relevance of this advice depends on the amount of recovery - it is not uncommon for the costs of a defender of rights and interests to exceed the plaintiff’s requirements.

Calculation of the amount of subrogation

Under CASCO subrogation (it is important to remember that it is impossible to carry out the process under compulsory motor liability insurance), the insurance company receives the right to claim from the guilty party compensation for the entire amount spent on restoring the damaged property, or rather, the amount that remained uncovered after receiving payments under compulsory motor liability insurance, for which the calculation was carried out according to a unified methodology. If a citizen was found guilty of committing a traffic accident only partially, then the amount of subrogation is established in accordance with the degree of his guilt.

Both participants in the traffic accident have an auto liability policy from different insurance companies that was valid on the date of the accident. The victim submitted a request to receive compensation from the insurance company in connection with the occurrence of an insured event provided for in the contract. In such a situation, compensation for damage comes from the company of the guilty party - drivers are practically not involved in this process.

In essence, the following scheme is being implemented: one insurance company compensates for the losses of another insurance company according to the provisions of the relevant agreement with clients. If the actual amount of damage exceeds the payments received under compulsory motor liability insurance, then the difference is recovered from the culprit of the accident through subrogation.

Additionally, it is worth noting the most common cases of using subrogation - this is relevant if the participants in the emergency situation have drawn up a European protocol for compulsory motor liability insurance, and the cost of repair work amounted to more than 100 thousand rubles.

In such a situation, the person responsible for the accident compensates the company for costs exceeding the established amount of compulsory motor liability insurance. In other words, if 110 thousand rubles were spent on restoring the vehicle, then 10 thousand rubles are sought from the initiator of the incident.

Contesting guilt

If subrogation claims have already been received, you can avoid the need to reimburse the insurance company in the following situations:

if the defendant can prove the existence of an auto liability policy and requires his insurer to cover the damages sought;
if the guilty person proves his own innocence;
if the initiator of the traffic accident confirms that the damage caused to the injured party is less than reflected in the requirements of the insurance company;
if the statutory limitation period has expired;
if violations of the rules of procedure were detected on the part of the insurance organization.

All of the above positions can be presented by a citizen both at the stage of pre-trial settlement of the problem and during the trial.

Reduced payment amount

It is not uncommon for the assessment of damage caused to be carried out with violations. For example, the estimate may take into account the cost of repair work for such damage, the occurrence of which is not due to actual traffic accidents, but to other reasons.

In this regard, it is recommended to request and carefully analyze all materials on which the corresponding calculations were carried out. If inaccurate information or significant errors have been identified, it is imperative to send a written objection to the received claim to the authorized structures.

If the person responsible for the incident was not invited to conduct an expert assessment, then he should write an application to cancel the default judgment on the basis that the responsible organization did not send a notification about the place and time of the inspection of the damaged vehicle. In this case, it makes sense to object to the recognition of established value.

Additionally, you need to submit a request for an independent forensic examination. If the car has already been restored, then the assessment can be established based on the available case materials.

There is a high probability that when re-determining the cost, a clear overestimation of values will be revealed, as well as other violations in the preparation of the expert opinion. If these positions are discovered, then it is possible not only to reduce the amount of subrogation requirements from the culprit of the accident, but also to get rid of them altogether.

Statute of limitations

The statute of limitations for subrogation from the at-fault party is the time period during which the insurance company can exercise the right to go to court to obtain compensation for costs from the at-fault party. Important: if the deadline is not met, the injured party is deprived of the opportunity to implement the relevant requirements.

In the situation under consideration, the limitation period is set at 3 years, while other insurance issues usually must be resolved within 2 years. It must be taken into account that the defendant’s disregard of claims from the insurance company while waiting until the period for appeal has expired is generally recognized by the court as unfair actions. As a result, the insurance company can file a petition to restore the deadlines and receive the payments due.

Conclusion

So, subrogation is not such a common phenomenon in the field of insurance relations, so many drivers are simply not aware of its features. And yet, the implementation of this instrument can become a significant obstacle to the formation of a citizen’s financial stability. Other unpleasant consequences include the fact that the status of a person’s legal “purity” will be spoiled by litigation on such an insignificant issue.

It is important to consider that insurance companies have an understanding of the intricacies of claiming compensation. Therefore, a car owner should know how to appeal the subrogation procedure against the culprit of an accident - only this will allow him to ensure the protection of his own rights and interests provided for by the provisions of the legislative system of the Russian Federation.

Analysis of the procedure for car enthusiasts. Subrogation under compulsory motor liability insurance from the culprit of the accident

Not every driver understands the definition of the legal procedure of subrogation, which arises during an insurance event under certain conditions. If the person to whom the insurer sends the claim acts correctly and knows the nuances of the entire process, then he will have the opportunity to reduce the amount of subrogation or avoid collection altogether.

What is subrogation in car insurance and how is it different from recourse?

Recourse and subrogation of compulsory motor liability insurance are legal procedures of an insurance organization. First of all, the victim of an accident contacts the insurance company, receives the required payments for the damage caused, and only after this the insurer can use recourse or subrogation.

Differences between the concepts:

They have different mechanisms. Subrogation includes a form of transfer of the right of claim, and recourse is a new circumstance.
Different regime of legal regulation. For subrogation, the law establishes a special legal regime, and recourse is regulated by general rules of civil law.
Recourse occurs in relation to a narrow circle of persons, and subrogation is applied towards any person who was at fault for the insured event.
The person who has the right to claim subrogation is the insurer of the victim, and the person who has the right to claim subrogation is the insurer of the person responsible for the accident.

Definition

The main essence of subrogation is that the insurer, which paid the damage according to the contract, is in the red, so the victim is replaced. However, the culprit will pay the money not from his budget, but from his insurance organization with which the motorist entered into an agreement.

Statute of limitations

The statute of limitations for subrogation in insurance is the period of time allotted to the vehicle owner to write an application to the court to resolve the problems that have arisen. When a citizen does not have time to submit an application within the prescribed period, he will be refused to open a case. When filing a claim against the culprit of an accident, the law provides for a limitation period of 3 years.

It is worth paying special attention to subrogation. Since the process regulates compensation for harm caused, the defendant’s silence and ignorance during the filing of a claim will become a valid reason for satisfying the consideration of the case after the statute of limitations has expired, since the other party did not respond within the prescribed time.

When not applicable

According to the MTPL regulations, there cannot be subrogation from the perpetrator if the claims of the victim’s insurance company are covered by the perpetrator’s insurer.

According to current legislation, the victim must independently demand a monetary payment, which is not enough to fully compensate for the damage after payment under compulsory motor liability insurance. No transfer of rights applies in this case, therefore subrogation does not apply. It is also not used when the guilt of a certain person has not been established.

In what cases does it occur?

For example, there was an accident where the victim had CASCO insurance. The company fully compensates for the damage, and then demands from the insurance company of the guilty person to compensate for losses in the amount that was used to restore the car. However, if the guilt of the second person is partially proven, then the amount will be paid in proportion to his guilt.

Conditions of appearance

For subrogation to occur, the following conditions must exist:

CASCO was concluded between the insurance company and the victim;
the insurer has fully paid for the damage received;
the cost of repair work to restore the car is more than the maximum compensation under compulsory motor liability insurance.

Any person, including a cyclist, pedestrian or driver without compulsory motor liability insurance, may be subject to recovery. But subrogation will never be collected from the injured party, even when the accident was his fault.

How to avoid

There is a way to avoid subrogation. The driver must ensure that the cost of the damage caused is higher than the maximum provided for under compulsory motor liability insurance. In this case, the motorist will be helped out by the DSAGO policy, which covers the amount of damage caused from 600 thousand to 3 million rubles.

DSAGO is an excellent option for solving the problem of subrogation, because the insurance company covers damage to the maximum payments under the compulsory motor liability insurance policy. The existing risk when a driver may be asked to compensate for damage arises in two cases:

the driver is the culprit of the accident;
availability of a CASCO insurance policy for the victim’s vehicle.

To minimize the risk of subrogation claims, here are some steps you should take:

do not take blame for the incident if it is not obvious;
communicate with the victim, find out about the course of events and assess the extent of damage;
attend the damage inspection with your independent expert;
if you disagree with the expert’s conclusion, you can challenge them;
ask for a copy of the expert report; if an expert from the guilty party was not present at the inspection, get an assessment from another specialist.

In practice, there are often cases where a subrogation claim is made several years after the accident, when the car has already been fully restored. Therefore, it is important to keep all documents evidencing the accident until the expiration of the statute of limitations, that is, for at least three years.

How not to pay

Subrogation payments can be avoided if presented in the following situations:

prove the availability of DSAGO insurance that will cover the damage caused;
prove that the accident was not your fault;
prove that the damage determined by the experts of the victim’s insurance company is less;
the claim was made three years after the incident (the statute of limitations has expired);
presence of other violations of the insurance company.

Availability of DSAGO

If there is a DSAGO, the guilty person should not worry about subrogation if such a policy covers the amount claimed.

Innocence in an accident

To prove innocence in the incident, it is worth appealing the decision on an administrative violation within 10 days after its presentation. If the absence of guilt is proven, then in this case subrogation does not apply.

When the guilt of both parties is recognized, in court in every possible way it is worth proving the absence of your direct guilt.

Other amount of damage

It is worth carefully studying the documents where the amount of damage is calculated. If errors or false information are found, you must file a written objection to the claim. If the person at fault was not called to inspect the damaged vehicle, file a petition claiming ignorance of this procedure and ask for an independent forensic examination.

What to do if they demand payment

First of all, do not ignore the demands of the other party. If you are not present at all stages of the case, it is impossible to detect errors in the documents of the injured person. Remember about the statute of limitations - the application must be filed within three years after the accident, and proceedings can be carried out even after this period of time.

The insurer must provide the guilty party with the following documents:

the CASCO agreement of the victim, which was in force at the time of the accident;
documents from the state traffic inspectorate confirming the fact of the accident;
evidence of guilt;
an expert opinion or other document confirming the cost of the damage caused;
confirmation of the actual cost of payment (for example, transfer of money to the client’s or car service account).

Checking the legality of claims

Involve specialists to check the authenticity of documents for errors or omissions. First of all, the following are checked:

the similarity of the specified damage to the vehicle received during an incident that occurred due to the fault of the driver;
whether one spare part is listed several times;
Is the cost of repair work and parts realistic?

If you find inaccuracies that differ greatly from reality, it is worth recording this fact on paper. This may not help you avoid paying, but it will provide significant assistance in legal proceedings.

Negotiated solution

Do not avoid contact with the insurer. If you have all the evidence and payments cannot be avoided, then try to negotiate with the company to reduce the amount of collection or provide an installment plan.

Trial

In practice, insurance companies do not contact the guilty person immediately before the trial, and the citizen learns from the summons that the citizen must pay damages by subrogation.

The main thing is to act correctly:

Ask for all the evidence, carefully check all the documents, verify the data.
If you were not present when the damaged vehicle was assessed, the document may be considered invalid.
Submit a request for an additional examination.

If there are indeed violations in the actions and documents of the insurance company, the court will definitely see this and reject the claim. If the decision was made in favor of the insurer during the first trial, the motorist can appeal to a higher court, where cases are considered more carefully.

Fraud by insurance companies

In most cases, litigation occurs due to fraud by insurance companies. It is worth carefully understanding when subrogation is possible, and when the insurer is up to something:

if there is a DSAGO, all issues regarding payments are resolved pre-trial;
When assessing a car, insurance company specialists inflate the cost of spare parts and components several times;
sometimes the conclusion declares the need to replace serviceable parts;
Insurers tend to file a claim several years after the accident, when the culprit has already forgotten about the accident;
Often the defendant is not notified of the examination, so the document may be declared invalid at trial.

Thus, with the right actions or knowledge of certain nuances in the event of a claim under subrogation, a person can avoid monetary recovery from the victim’s insurer or significantly reduce the amount.

Subrogation under compulsory motor liability insurance from the culprit of an accident in 2019

If a driver who has an MTPL or CASCO policy gets into an accident, insurers are obliged to pay him insurance compensation for the damage incurred. If the cost of repairing a car exceeds 400,000 rubles, then the difference can be reimbursed to the insurance company using subrogation under compulsory motor liability insurance from the person at fault for the accident.

What does subrogation under OSAGO mean?

Subrogation is Latin for “substitution.” In a situation with insurance under compulsory motor liability insurance, subrogation is the transfer of the right to claim compensation for losses from the participant in an accident to his insurance company. That is, the insurer pays insurance compensation to its client, and then turns to the guilty party of the car accident with a demand to reimburse this amount at the expense of its own funds or the funds of its insurer (according to Article 965 of the Civil Code of the Russian Federation).

Such actions by insurers make it possible to avoid repeated payments for damage from an accident: the insurance company compensates the victim for the damage with its own funds, depriving him of the right to demand additional compensation from the guilty party - such a right now automatically belongs to the insured.

According to Federal Law No. 40 of February 25, 2002, the insurer of the injured party has the right to file a claim to recover damages from the culprit of the accident. The amount of compensation is paid by court decision or voluntarily by agreement of the parties, and only if the insurer has paid its client an amount exceeding the 400,000 rubles allowed by law. The guilty party is obliged to compensate the difference between the money actually paid and the allowable amount (the same 400 thousand).

Conditions for claiming compensation from the culprit of an accident

Subrogation in MTPL insurance can be used in the following cases:

Condition for applying subrogation

The guilt of one of the participants in the accident has been fully proven.

Fully certified documents are required.

The injured participant in the accident has a valid auto insurance contract.

In practice, it is usually the presence of a CASCO policy.

The insurance company paid the victim full compensation for repairs.

The amount of compensation paid must exceed the maximum amount of payment under compulsory motor insurance (400 thousand rubles).

The statute of limitations has not expired.

In accordance with Article 196 of the Civil Code of the Russian Federation, the period of claim in such cases is 3 years.

If the person at fault for the accident does not have an insurance policy, they may be charged the entire cost of restorative repairs to the injured driver’s vehicle. However, subrogation cannot be applied if the person at fault for the car accident proves that the collision occurred for extreme reasons beyond his control. It does not apply even when the injured party refuses to make a claim against the culprit of the incident (in this case, the insurer pays the entire amount of compensation under OSAGO at its own expense and without compensation).

Procedure for subrogation procedure

In case of an accident, the subrogation procedure is as follows:

The culprit and the victim in the accident are determined.
The amount of damage caused is determined, taking into account the cost of replaced parts and repairs.
To obtain compensation for damage, the victim can contact the person responsible for the accident or his or her insurance company.
If the insurer pays the amount of damage in full, then the rights of subrogation from that moment pass to it.
The insurer is now considered the party that suffered the losses and has the right to make a claim against the guilty party for their repayment.

Even if the person at fault for the accident has an insurance contract, he is at risk of subrogation. Part of the cost of compensation for damage will be paid by his insurance company, but if the amount of damage exceeds the permissible amount, a claim for recovery will be brought against the person responsible for the car accident.

Statute of limitations

The period for filing claims for damages under the MTPL policy is two years. Within this period, insured persons can file claims against each other and insurance companies. If the insurance company files a claim against the person responsible for the accident, the statute of limitations increases to 3 years.

These features of the legislation are often used by insurance companies, which file claims against the culprit two years after the accident. By this time, many details of the road accident and precise documentary data on the amount of damage incurred are forgotten or lost, which allows insurers to overstate the amount of damage incurred.

Therefore, if you are considered to be at fault for an accident and receive a claim for subrogation from the insurance company of the party injured in the accident, you need to contact this insurer and try to resolve the issue out of court. This method of solving the problem is good if all the documents related to the accident are available, completed correctly and correspond to reality. If you have even minimal doubts, you will need the help of a professional car lawyer.

Examples from judicial practice

After the accident, his insurance company paid the victim under the CASCO policy in full (more than 500,000 rubles). The insurer made a claim for subrogation to the person at fault for the accident. He decided to appeal the claim and turned to experts, who revealed that the documents contained errors and inaccuracies. As a result of the court decision, the claim was dismissed.

In another case from judicial practice, the amount of damage amounted to 550,000 rubles. Both participants had an MTPL policy (payment limit of 400,000 rubles). The insurance company paid the victim part of the amount according to the law, and ended up in court against the person responsible for the accident. The court ordered the guilty party to pay the rest of the damage on its own.

In order not to fall under subrogation after an accident, you need to enter into a CASCO agreement, under which the limit of compensation for damage is higher, and subrogation is used extremely rarely. In addition, you should declare your right to be present during the examination and invite an independent expert. You should not admit guilt if you are not guilty, and even if pressure is put on you.

Subrogation claim from insurance company

Good afternoon, I am the culprit of the accident, I have compulsory motor liability insurance, the victim’s CASCO insurance paid for repairs at the service station 195tr + UTS 35tr = 230tr.

My MTPL insurance paid CASCO insurance, taking into account wear and tear, 191t.r.

CASCO insurance filed a claim against me in the amount of 39 tr. (230tr-191tr=39tr). 39 tr. = 35 tr. (UTS + expert services) + 4 tr (the difference between repairs and payment of my compulsory motor liability insurance).

What should I refer to to try to fight off the claim?

First of all, refer to the fact that UTS is real damage, which is also subject to compensation under the compulsory motor liability insurance policy.

Attention was also drawn to the possibility of obtaining it in the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 N 58 “On the application by courts of the legislation on compulsory insurance of civil liability of vehicle owners,” which explained. What

37. Real damage resulting from a traffic accident, along with the cost of repairs and spare parts, also includes the loss of marketable value, which is a decrease in the value of the vehicle caused by premature deterioration of the marketable (external) appearance of the vehicle and its operational qualities in as a result of a decrease in the strength and durability of individual parts, assemblies and assemblies, connections and protective coatings due to a road traffic accident and subsequent repairs.

In this case, the technical value is calculated regardless of the amount of wear and tear and is subject to compensation in full.

Thus, a TTS in the amount of 35 thousand rubles is subject to recovery from your insurance company, on the basis of clause 23 of Art. 12 Federal Law “On OSAGO”

As for the remaining difference (195 thousand - 191 thousand), rubles, this can be justified by the fact that the amount of damage caused has not been proven.

The fact is that the amount of repairs that was actually spent by the insurance company does not yet confirm that the specified amount was actually necessary for its implementation.

And in this regard, it is quite possible to start from the cost of restoration repairs, calculated by experts:

There is a similar opinion on this matter in judicial practice:

Appeal ruling of the Moscow City Court dated February 14, 2018 in case No. 33-6121/2018

In accordance with paragraph 35 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 N 58 “On the application by courts of legislation on compulsory insurance of civil liability of vehicle owners,” the tortfeasor, who has insured his liability through compulsory insurance in favor of the victim, compensates the difference between the insurance compensation and the actual amount of damage only in the case when the insurance compensation is not enough to fully compensate for the damage caused (Article 15, paragraph 1 of Article 1064, Article 1072 and paragraph 1 of Article 1079 of the Civil Code of the Russian Federation). In accordance with the provisions of Art. 1064 of the Civil Code of the Russian Federation, the obligation to provide evidence confirming the amount of damage caused is assigned to the plaintiff. In support of the claim, the plaintiff refers to work order No. *** dated January 11, 2016 (case sheet 11 - 12), according to which the cost of restoration repair amounted to *** rub. However, according to Act No. ***, car repair services were provided already on 02/11/2016 (case file 13). At the same time, acceptable evidence confirming payment for car repair services provided by Reystyling-Auto LLC in the amount of *** rubles. plaintiff in violation of the provisions of Art. 56 of the Code of Civil Procedure of the Russian Federation was not presented, and the submitted work order No. *** dated 01/11/2016 does not meet the criteria of admissibility. At the same time, the judicial panel draws attention to the fact that after drawing up the work order dated 01/11/2016 and signing on 02/11/2016 an act according to which repair services in the amount of *** rub. were provided, the plaintiff, sending SK Soglasie LLC a claim dated 10/17/2016 (case sheets 30 - 31), indicated that after payment of insurance compensation in the amount of *** rub. the amount of unreimbursed damage is *** rub. Under such circumstances, there are no grounds for satisfying the plaintiff’s demands for recovery of the difference between the insurance compensation paid and the cost of repairs. In refusing to satisfy the demands for compensation for moral damage, the court of first instance reasonably assumed that there were no grounds for satisfying them. The reference in the appeal to the non-application by the court of first instance of the Resolution of the Constitutional Court of the Russian Federation of March 10, 2017 N 6-P is insolvent, because in violation of the provisions of Art. 56 of the Code of Civil Procedure of the Russian Federation, the plaintiff did not present admissible evidence confirming the amount of restoration repairs, and the plaintiff did not file a petition in the court of first instance to conduct a forensic examination to determine the cost of restoration repairs. And here it can be argued that the amount of the required amount of damage has not been proven. Here you can refer to the fact that the payment of insurance compensation under CASCO was not determined by expert means, but was calculated on the basis of data from the service station.

A reference to a ruling of the Constitutional Court of the Russian Federation does not in itself create the right to receive payment, since the amount of actual costs has not been proven, and the inspector does not have sufficient knowledge to determine whether it is necessary and sufficient to carry out repair work within the limits established by him or is possible using a more economically feasible method of repair, taking into account average market prices.