A regressive claim is a reverse claim in civil law. Regressive requirement: description, features and characteristics

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Recourse requirement is a legal norm that relates to the financial and insurance area of the economy. Most often, this concept is encountered by lawyers involved in civil lawsuits. According to the established rules, the organization that compensated for the damage can exercise the insurer's right of recourse and claim compensation from the culprit in the amount of the compensation paid. This rule is laid down in Art. 1081 of the Civil Code of the Russian Federation and other regulations. This right is often used by insurance organizations trying to minimize losses in this way.

What is a recourse claim

This concept is often found in claims aimed at reimbursement of insurance companies, and such claims are addressed to the perpetrators of the accident. This rule first appeared in the banking and financial sector. The bank filed a recourse claim against the person who issued the invalid promissory note, on which the bank had already paid. An integral part of the recourse claim is a direct claim to the courts.

How the right of recourse works

A recourse claim is an asset of the insurance company itself, which it is trying to realize. The amount of possible compensation in this case is limited to the amount of insurance payments. This norm is laid down in paragraph 1 of Article 1081 of the Civil Code of the Russian Federation. In addition, the insurance organization may request compensation for expenses incurred during the consideration of insured events or during the consideration of the case in court. In the latter case, this item must be included in the claim.

CTP insurance claims

The most common variant of the emergence of a regressive claim is the presentation of claims under the OSAGO policy. With a higher degree of probability, the insurer may request a cash payment in the following cases:

• If the harm to the he alth or life of the victim was caused due to malicious intent. For example, a hit-and-run, if it was done on purpose, and it was proven in court, becomes a reason to demand a cash payment from the guilty person.
• If the damage was caused by a person acting under the influence of alcohol or drugs. The proof of this fact can serve as acts of medical examination. The recourse claim of the insurer cannot be satisfied if the fact of alcohol (or drug) intoxication has not been proven by medical professionals. Such acts are attached to the case and can serve as evidence from one side or another.
• If the damage in an accident was caused by a person whomoment of time did not have the right to drive a vehicle. This means that the insurance company's recourse claims have a legally sound basis if the violator did not have a driver's license or was deprived of it for previous traffic violations.

Other cases of application of the recourse requirement

This compensation is extremely relevant in cases of malicious violation of the rules of conduct in the event of an accident. True, in order to use this clause of the law, a representative of the insurance company must prove that the culprit of the accident really fled the scene. An administrative protocol that recorded the fact of such an offense will not be sufficient evidence in court. Data on bringing the driver to administrative responsibility must be attached to the materials of the lawsuit. The representative of the insurance organization is obliged to provide facts convincingly proving that the driver intentionally left the scene of a traffic accident.

Recourse claim based on an insurance contract

The auto insurance policy usually lists the persons authorized to drive the insured vehicle. If, however, damage was recorded, the culprit of which was a person not included in the OSAGO contract as a driver allowed to drive a car, then the insurance company has the right to recourse.

This type of claim would be very likely if there was a clause in the insurance contractlimiting the number of persons authorized to drive the insured vehicle. OSAGO agreements must be concluded taking into account this requirement. Restrictions on the use of the insured vehicle are as follows:

• indicate the list of persons en titled to drive the insured car;
• indicates the period in which it is possible to use this vehicle within the insurance periods;

If the insurance contains a clause about the circle of persons admitted to driving the vehicle, then the policy must indicate the names of the drivers who are allowed to drive this vehicle.

For citizens, the limited use of the car by time period means that the car can be used during a certain season. For example, for convertible cars, the use limit is limited to the warm season, but it makes sense to insure snowmobiles only for the winter period. Organizations and businesses can also take advantage of "seasonal" insurance, applying the insurance period to watering machines, snowplows in different seasons.

If an insured event occurs due to violation of these conditions, the insurance company has no right to refuse payment, since these restrictions are not included in the list of items according to which payment may be denied. But by violating the terms of the insurance contract, the insured driver exposes himself to the risk of running into recourse claims of the insurance company.

Inspections and recourse requirements

Our legislation does not agree on the date of purchase of an insurance policy with the time of issuance of technical inspection coupons. Meanwhile, in 2012, a provision came into force, according to which the car owner is obliged to ensure on his own timely passage of the state technical inspection of a freight, passenger taxi, truck, passenger bus and some other modes of transport. If at the time of the occurrence of the insured event the validity of technical coupons has expired, then the insurance company has the right to file a claim, and the recourse claim for OSAGO in this case will be satisfied.

Cases giving rise to recourse claims

In particular, an insurance company has the right to claim compensation:

• if the "culprit" of the insured event was a car malfunction;
• if this malfunction has already been detected by the inspection operator, but data about it has not been entered into the diagnostic card.

What to do if an insurer makes a recourse claim

Each car owner can find himself in such a situation, so it would be useful to outline an algorithm of actions in which the claims of insurers can be reasonably challenged in court.

At the first stage, it is recommended to find out whether the insurance company has the right to put forward recourse claims. You can find out by rereading the previous paragraphs of this article.

No need to make concessions to insurers andimmediately consent to reimbursement of the recourse claim. An accident or other incident that caused damage to property or he alth must be proven both from the point of view of the victim and from the point of view of the perpetrator of the tragedy. First of all, the basis for the claim should be the transfer of insurance compensation to the victim. If such a payment was denied, all claims of the insurance company for recourse can be safely rejected.

Please note that the right of recourse arises for the insurer only at the time of transferring the insurance payment to the victim!

Amount of claim and statute of limitations

The defendant may challenge the claims of the insurance company if the amount of claims exceeds the insurance payments made. According to the law, the amount of recourse should not exceed the actual size of the insurance payment. You should also make sure that the statute of limitations has not yet expired, otherwise the insurer's recourse claims will be automatically rejected.

The beginning of the limitation period can be considered the moment when the insurer fulfills the obligation to pay insurance compensation. The culprit will not be able to object to the insurer's recourse claims if the time limits for filing claims have not yet expired.

And remember that only proven guilt in a traffic accident gives the insurance company grounds to hope for a positive decision of the recourse court. If the actions of an individual led to the occurrence of an insured event, but for a number of reasons the person was not found guilty, allclaims of the insurance company for recourse have no weighty grounds.