Recourse under OSAGO: definition, article 14. The right of the insurer's recourse claim against the person who caused the harm, the deadlines for execution and legal advice

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

MTPL recourse helps insurance companies recover the money that was paid to the injured party due to a traffic accident. Such a lawsuit can be filed against the culprit if the conditions of the law have been violated. Moreover, the payment to the injured party must be made on the basis of an expert assessment, as well as the accident report, which was drawn up at the scene.

Definition of recourse on OSAGO

Recourse is the collection of funds by the client's insurance company. In accordance with the law, this action is called a reverse requirement. Often, drivers, when purchasing an insurance policy, do not understand what they are insured against, and believe that they are insured against everything. It is necessary to carefully study all the pitfalls in order not to be disappointed in the future and not to pay large sums from yourpocket. Many drivers ask themselves: “The company paid the insurance to the victim, but why does it require money from the culprit as well?”

Features of the situation related to the return of money

The insurance company pays damages to an injured driver due to harm caused by its client. The amount of damage cannot exceed the limit established by law. But in the future, if the conditions allow, the insurance company will collect on the recourse on OSAGO. The process itself takes place through litigation. In order to get a positive decision, the insurer must provide irrefutable evidence, as well as documents that confirm this fact. These include an act on the examination of a motor vehicle, an assessment of damage, a conclusion that the guilty driver was drunk, and so on. The total amount will be higher than the payment to the injured person, as it includes the costs of the investigation, as well as other costs associated with this insured event.

To use the right of recourse under OSAGO from the culprit of the accident, the insurance company must carry out:

• payment of damages to the injured driver in full, but in accordance with the limit;
• apply to the court with the appropriate claim.

These two points are mandatory for insurers. Also, in order for the insurance company to go to court, irrefutable evidence of the wrongful act of the culprit is required.

Grounds for reversal

There arecertain cases where the insurance company may claim a payout.

• The traffic accident occurred due to the fact that the guilty driver was under the influence of alcohol or drugs. The law prohibits driving while intoxicated.
• The driver's license expired or didn't exist at all.
• The driver drove someone else's car without a power of attorney.
• The guilty person was not included in the OSAGO insurance.
• If the driver was driving a truck and the vehicle has no or expired diagnostic card coupon.
• The guilty driver fled the scene of a traffic accident. Today, traffic police officers easily find the perpetrators with the help of cameras. Therefore, finding the culprit and filing a recourse on OSAGO will not be difficult.
• A traffic accident occurred after the end of the contract.
• The guilty driver himself provoked the accident and was a direct participant in it. Such actions refer mainly to scammers.

As can be seen from the above reasons, the basis for recourse under OSAGO from the culprit of the accident is the unlawful act of a person. Insurance companies do not have the right to demand payment if the driver did not foresee and did not commit intentional or illegal actions.

Acts of the culprit

A guilty driver should not ignore court hearings. Since if he is not present during the proceedings, then the insurancethe company will receive in absentia the decision that was planned. If the perpetrator will be present at the meetings, and also use the services of professional lawyers, then there is an opportunity to significantly reduce the amount. To date, the maximum payments for OSAGO are:

• for cars - 400,000 rubles;
• damage to life and he alth of people - 500,000 rubles.

Example

If the amount of damage exceeds these limits, the remaining amount must be paid by the guilty party on their own. For example, the damage to the affected car amounted to 800,000 rubles. The insurance company will pay the maximum amount of 400,000 rubles. There will be another 400,000 rubles, which the culprit will have to pay on their own. Moreover, if there is a recourse on OSAGO from the culprit, then he will have to pay the largest amount.

How to avoid the reverse requirement

In order not to become the wrongful culprit of a traffic accident, certain rules must be followed.

• The driver must be a law-abiding person. You must follow the rules of the road.
• It is necessary to check the validity of the OSAGO agreement and renew it at the end of the policy year.
• Freight vehicles must always have a valid diagnostic card form.
• If the driver uses more than one car, then he must be included in the list of each insurance. Therefore, you need to check your last name in the driver information.
• If a driver gets behind the wheel of someone else's car, then he must also be included in the list of drivers, as well as have a power of attorney.
• If a traffic accident occurs, you must not leave the scene of the accident, as such actions will be considered a violation of the law.
• Also, do not hide any additional information from the insurance company.
• You must not dispose of or repair a motor vehicle without the permission of the insurer.

If you follow the above rules, then drivers will be able to reduce the risk of reimbursement of recourse under OSAGO. And in this case, even in an accident in which the driver turned out to be at fault, he may not have to compensate for the damage to the injured party at his own expense, since the insurance company will deal with it.

Timing

The statute of limitations for CMTPL recourse depends on what damage was caused as a result of a traffic accident. If property is damaged, then insurers can go to court within two years from the date of the accident. If as a result of the accident harm was caused to the life or he alth of the participants, then the recourse period for OSAGO will be three years.

Thus, if the insurance company has not applied to the court within this time, the culprit will not have to pay. But this rarely happens, since insurers belong to the financial market and are interested in the receipt of funds. Therefore, if they have every right to collect money, then they will not miss this opportunity. The only plusin this situation is that the court can defend the defendant if there is evidence, arguments, as well as the disproportion of the amount presented. The mitigation of the court decision in relation to the perpetrator will be if the perpetrator is present at the meeting and turns to qualified lawyers.

Court practice

Reversal litigation doesn't last long. If the claim of the insurance company is substantiated with corroborated evidence, then the court will quickly satisfy it. But if the guilty party does not agree with the decision, then it can file a counterclaim and the proceedings will drag on. Also, the perpetrator can apply for help to a higher court. But most often the perpetrators agree with the requirement of the insurer and do not apply to higher authorities. Below is an example of the court practice of recourse on OSAGO.

The guilty driver was driving while intoxicated. It was his fault that the accident happened. The amount of damage caused was equal to 60,000 rubles. The insurance company of the culprit agreed to pay the money to the victim. But later she filed a lawsuit in order to recover her expenses. The fact that the driver was indeed drunk was proven by a medical examination. This document was submitted to the court. Based on all the documents, the court decided to satisfy the claim of the insurance company.

There are many such processes in practice. If the fault of the driver was obvious, then the court will take the sideinsurance company.

Europrotocol

Regress on OSAGO a guilty driver can get because of ignorance of the laws. Registration of the European protocol is considered quick and convenient, since there is no need to wait for the traffic police to arrive. After compiling this document, you need to know about the nuances so that there are no problems in the future.

Recourse under the European Protocol

Insurance company may file recourse due to non-compliance with the law.

• The culprit, after filling out the European protocol, did not submit to his insurance company an accident notification form within five working days, which was filled out jointly with the injured party. Then the right of recourse from the insurer will follow.
• The culprit, before the expiration of fifteen calendar days, started repairing his car or recycling - the insurer will demand a recourse and go to court.
• If the culprit does not provide the car for inspection after receiving notification, then he will receive a recourse from the company.

Many drivers are unaware of these requirements. Therefore, in order to avoid recourse of the insurance company under OSAGO, it is necessary to take the notice to the office of the insurer and do nothing with your vehicle. You also need to periodically check your mailbox for a call for inspection. Otherwise, the insurance company, in accordance with the law, has the right to demand recourse. And most likely, the court will take her side.

It is also important to approximately estimate the damage caused when drawing up a European protocol. If there is a possibility that the damage may be more than 50,000 rubles, then you need to call a traffic police officer. Otherwise, the victim will demand the difference from the culprit, when it was possible to cover all expenses with the help of insurance.

Summon commissioners

If, in the process of drawing up the European protocol, the participants in the accident decided to call the commissioners, then the culprit needs to be careful and accurate. Usually, the commissars say that the culprit should not have documents left in their hands, since they will do everything on their own. But anything can happen, and the commissioner can also forget to send documents to the insurer. In this case, it will not be possible to avoid recourse, since the culprit will not have any documents left in his hands, and he will not even know that the notice was not sent. Therefore, you need to answer the commissioner that the culprit will take the document on his own, you also need to keep a copy of the protocol. If the commissioner does not agree that the driver has documents, then the guilty person may ask for a receipt stating that the commissioner assumes all obligations to transfer documents to the company.

Conclusion

The CMTPL recourse procedure is established by the law "On OSAGO" and allows insurance companies to return funds from the perpetrators of accidents. Often road traffic accidents occur due to the illegal actions of drivers of vehicles. But there are times when a person was not aware of the conditions. This concerns the European Protocol. In order to avoid unnecessary costs, it is necessarystudy the laws. Also, in difficult situations, the driver can turn to specialists who will help mitigate the court decision. But in order to avoid recourses under OSAGO, you need not to break the law.