2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
Where is recourse most often used in insurance today? The process and essence of subrogation (regression) are described and justified in the Civil Code. According to the law, recourse in insurance is the right of the insurer to make claims to the party guilty of causing damage to the object of insurance, which led to the occurrence of an insured event.
Most often, recourse claims are filed for damages caused to the following types of property: automotive equipment;
- residential and commercial property;
- values and home appliances.
The leader in the number of cases in which recourse is put forward is motor vehicle insurance, both personal and business.
Article 76 of the OSAGO Rules governs all issues related to recourse claims of insurance companies. How does it all work in practice? In the event of an accident, an examination of the damaged vehicle is carried out and the person (or persons) responsible for causing the damage is identified. The insurer compensates the insured owner of the vehicle for losses incurred within the sum insured.
Next, the company, wishing to recover the money paid, files a lawsuit in court. The judge reviews all the documents provided by the parties and decides whether to satisfy the recourse claim. This is insurance recourse in action.
There are two options for who will repay the amount required by the insurance company. The first implies that the culprit has a CASCO insurance policy. In this case, the claims go to his insurer, who is responsible for them. It is possible that the limit of payments for an insured event will be exceeded, then the remaining amount will be recovered from the guilty person. If the culprit does not have an insurance contract, then he pays the entire amount in full.
The right to put forward a recourse in insurance arises in the event of proven intent to cause damage to the he alth or property of the insured. Also the bases are:
- finding the guilty person at the time of causing damage in alcohol or any other intoxication;
- lack of the specified person's right to drive a vehicle that got into an accident;
- unauthorized leaving the scene;
- occurrence of an insured event during a period not covered by the insurance contract
- management of transport by a person not admitted to this in accordance with the insurance contract.
Insured property
After motor vehicles, the second most recourse in insurance cases is real estate. You can insure almost everything: an apartment,house, warehouse or shop. In addition, prudent citizens insure expensive repairs and household appliances against a variety of troubles - from fire to flood.
Voluntary home insurance will provide compensation payments if the apartment was flooded through the fault of neighbors, thieves visited the dacha, or electrical equipment burned down due to power surges. Then the "headache" of the insurance company will be the search for those responsible for the damage, and evidence confirming their guilt. Unless, of course, the insurer wants to put forward recourse claims against them and get their money back.
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