Collisions of legislation are not a private situation, but they occur in our legal space. With the adoption of new laws on compulsory motor liability insurance, this practice was met by car owners who were involved in accidents and trying to compensate for the damage of others through payments from insurance companies. The main problem sounds like this - the insurance company demands compensation for damage under compulsory motor liability insurance; although the European protocol and other data are taken into account, they do not affect the situation in any way.

Honest's lawyers have analyzed practice and legislation and tell us what to do in such situations.

Example from life

A car owner driving a foreign car moves along a busy road, loses attention and shortens the distance to the domestic car in front. Minor accident, other driver's injuries are minimal. We completed all the documents and said goodbye without conflict. The driver of a foreign car is not worried - after all, now the amount under compulsory motor vehicle liability insurance is up to 400 thousand rubles, this money is quite enough to replace the damaged bumper and trunk.

Six months later, the owner of the foreign car receives a letter in which Insurance Company demands 30 thousand rubles from him. This is a common situation when repairs take place under compulsory motor liability insurance in 2018, where additional payment is required. The insurance company explains the requirement by saying that 30 thousand rubles is the amount that is missing when paying the costs of restoring the car of the victim in the accident.

How does an insurance company think?

Insurers are demanding compensation for damage due to a conflict in the new legislation. And in fact they are in their right.

The claim is based on the following data. Watch your hands.

Repairing a domestic car cost 70 thousand rubles. The victim’s insurance company issues an invoice to the insurance company of the at-fault party, the car owner in a foreign car.

The domestic car is no longer new, so the insurance company at fault pays 40,000 rubles, taking into account wear and tear.

The victim's insurance claims the remainder from the person responsible for the accident.

How can this be? The victim has CASCO.

The situation with CASCO

The whole problem is that a domestic car has a CASCO policy - it was on this basis that the victim decided to pay for the restoration of the car.

The insurance company repairs the car for the victim under CASCO insurance. The at-fault party's insurance company is billed. The amount of compensation under compulsory motor liability insurance is calculated not from the funds actually spent on repairs, but according to a unified calculation method that takes into account wear and tear of parts. This is where the difference of 30 thousand rubles arises, which the culprits demand.

On the one hand, the culprit honestly insured the car under MTPL. On the other hand, the insurance company legally demands compensation for material damage.

Experts agree that from the point of view of the law, everything is correct here. From the point of view of justice - no. But there is still no solution to this problem.

In simple words, the whole problem is the obligation of insurance companies to count payments under compulsory motor liability insurance taking into account wear and tear. In CASCO, the principle is absolutely the opposite - the old damaged part is replaced with a new one.

What does the constitutional court say?

In their work, courts of first instance are guided by legislation and clarifications of the Constitutional Court. The latter made it clear that current practice is consistent current laws. Funds are recovered from the culprit of the accident in accordance with the Civil Code. The law on compulsory motor liability insurance is simply an additional regulation that protects the rights of the victim in an accident.

Therefore, claims for damages under compulsory motor liability insurance from the culprit of the accident are absolutely legal.

On some websites on the Internet there are published articles in which drivers are advised to draw up a European OSAGO protocol - supposedly this will insure against such problems. In such a situation, there is no difference for the insurance company - whether the accident was registered according to the European protocol or with the police called. If a car owner finds himself in a situation with a requirement to compensate for repairs under compulsory motor liability insurance, then it is worth focusing on the explanations Constitutional Court and laws, and not on someone’s advice on registering an accident.

Clarification of legislation

To better understand why situations arise when insurance companies carry out repairs under compulsory motor liability insurance and demand additional payment, and why this did not happen before, you need to understand the changes in legislation.

How it worked before

The driver gets into an accident and applies for compensation. Then one of two scenarios occurs:

• Insurers compensate for damage with a monetary payment to the owner of the car - the amount of compensation depended on the wear and tear of the car and total cost necessary repairs;
• The money is credited to the car service account.

In such situations, the car owner was sometimes forced to pay extra for the difference between the insurance company’s calculations and the cost of actual repairs. But there was a plus - you could refuse restoration work, pick up the broken car and money. Then the car was either repaired independently or sold.

I often had to go to court with insurance companies, who calculated the amount of compensation in a “convenient” amount for themselves. It was necessary to do an examination, take into account the wear and tear of the car, average market prices for spare parts and labor.

Sometimes there were “set-ups” - people created situations where insurance companies had to pay compensation for fictitious accidents.

Like now

In its current form, the law on payments under compulsory motor liability insurance looks different than before. Repairs under compulsory motor liability insurance are carried out at partner service stations with which insurance companies have entered into contracts. It is not compensation in kind that is paid, but the cost of the work of service engineers and the price of spare parts.

The Central Bank has developed a special method by which the amount of compensation is calculated. Insurance companies cannot deviate from the rules and make cash payments. The restrictions apply to several categories of citizens:

• Owners of passenger vehicles;
• The vehicles have been registered in Russia and belong to citizens.

The insurance company or car service may offer you to pay extra for repairs or replace damaged parts with used ones. You don't have to agree to this.
But the insurance company must ensure the repair of your vehicle within the period established by law.

When will you have to pay extra for repairs?

There are situations when the insurance company may require additional payment for repairs:

• The cost of repairs exceeds the established maximum under OSAGO - 400 thousand rubles. The insurance company has the right to demand the excess amount from the person responsible for the accident.
• When a European protocol is drawn up, the maximum is reduced to 100 thousand rubles.
• Mutual guilt in the accident is admitted.

The amount of benefits that the insurance company can pay service center or issue in the form of money, is established by law depending on the situation:

• 500 thousand rubles – there is harm caused to health and life.
• 400 thousand rubles – compensation for damage to the car.
• 100 thousand rubles - registration of the accident was carried out according to the European protocol.

Repair warranty

Pay attention to renovation work carried out under compulsory motor liability insurance, a warranty period is established. If problems arise, you can request that they be eliminated:

• For a minimum of 12 months for body and paint work;
• For a minimum of 6 months for other problems.

Just as the insurance company may, in certain cases, demand additional payment, you can also enter into a confrontation with the insurance company.

Please note that if the insurance company committed violations during the restoration of the car, in the claims process with the car owner or in other legal matters important aspects, then the company’s claims can be challenged.

Contact professional lawyers for a consultation - after a preliminary analysis and clarification of details, Honest’s specialists will tell you whether it is worth trying to fight the insurance company or whether their actions are legal.

How the examination will help

Technical expertise will help you reasonably communicate with the insurance company, negotiate and even demand compensation in larger volume. They order such an examination when they do not agree with the insurers’ calculations.

The process is quite simple and does not require much effort from the car owner. Need to:

• Choose an expert organization - specialists must have certificates and a reputation in the professional community.
• Call, conduct a preliminary conversation, clarify answers to the consultants’ questions.
• Arrange for a vehicle inspection.
• Together with an expert, come to pick up the car at the service station.
• The expert will inspect the vehicle and give an opinion on the quality of the repair.
• If the expert reveals any violations, do not sign the acceptance certificate; attach the expert’s conclusion to the claim regarding the quality of the repair.

The conclusion issued by the expert has legal force if the case goes to court.

The cost of the service is 5,000 rubles.

To book an appointment or receive free consultation our experts, call Honest.

Do you want to take a test based on the article after reading it?

YesNo

Compulsory car insurance provides a reliable shield civil liability participants traffic. Even if he becomes the culprit of an accident, the MTPL policy holder sleeps peacefully, because the insurance company pays the damage to the injured party.

What a surprise he feels when, several years after the accident, he receives a claim for compensation from the insurer.

When is compensation required?

The Federal Law “On Compulsory Motor Liability Insurance” No. 40-FZ actually gives the insurance company the right to put forward recourse claims in order to recover from the culprit of the accident the losses that it incurred in the process of compensating the damage to the party injured in the accident. However, the provisions of Article 14 of this law establish a clear list of cases when such a requirement can be raised. The basis for recourse under compulsory motor liability insurance may be the proven fact that the culprit of the traffic accident:

• intentionally caused a collision with a pedestrian or damage to the property of another traffic participant;
• the driver was under the influence of alcohol, narcotic or psychotropic drugs;
• fled the scene of a traffic accident;
• did not have the right to drive a car because he does not have a compulsory motor liability insurance policy, does not have a driver’s license or is not included in the list of drivers of this vehicle;
• transported passengers as a taxi without having a valid maintenance ticket.

It turns out that in case of recourse, the insurance company recovers losses from its own client, who, as a result of his violation of the requirements of traffic rules and the Code of Administrative Offences, allowed an emergency situation to arise that resulted in insurance payments in favor of the injured party.

In addition, the insurance company has the right to demand compensation for losses from the person responsible for the accident, exercising its right to subrogation after paying the damage to the CASCO policy holder. If, as a result of the accident, the insurer compensated under the CASCO program for the cost of repairing both damaged cars, it gets the opportunity to recover its losses from the person responsible for the accident.

If there is no third party in the incident, and the CASCO policy holder himself drove into a curb in the yard, scratching his own car, the insurer, after making the payment, does not have the right to demand compensation from him for expenses.

What to do if the insurance company demands compensation for damage

As a rule, insurance companies are in no hurry to make claims against the culprit of an accident without delay. Taking advantage of the fact that the Civil Code establishes a deadline limitation period, equal to three years, most often they form a claim after at least 2-2.5 years after the road incident.

This is done intentionally, because over the course of several years, the chances that documents related to a long-standing incident will either be lost by its participants or thrown away as unnecessary increase many times over. And without documents, it is quite difficult to challenge claims from an insurance company or prove your own innocence in an incident.

What to do if the insurance company demands compensation for the damages it compensated for an accident? If you receive a letter with a claim, you should not panic, be tormented by memories of the incident, reproach yourself for carelessness, and also immediately agree to all the conditions outlined in it and estimate with what income and in what time frame it is possible to pay off all the monetary demands put forward. The received claim is a reason to deal with an unexpected and unpleasant situation that has arisen.

Experts say that the help of an experienced car lawyer can help:

• challenge the legality of the received claim;
• significantly reduce the amount of payment;
• prove your own innocence in a long-past incident.

Disputing guilt

Sometimes insurers demand the return of funds from the participant in the incident, who was in fact not the guilty party, but the injured party. The cause of such an error may be incorrect interpretation of data from the accident report. In such a situation, you have to prove your innocence in court.

Insurers, when sending a letter requesting a refund, refer to the data from the accident certificate issued by the traffic police inspectors.

The protocol data on administrative offense, which identifies the person found responsible for the transport incident. But most often, the guilt in a traffic accident is mutual for its participants, and experienced lawyers are able to prove their client’s partial guilt or even get him found not guilty of the accident.

Reducing damage

The amount of damages indicated in the claim may be significantly overestimated. Insurers do not hesitate to use the following techniques:

• overestimation of the cost of standard hours for restoration work;
• use in calculating the cost of spare parts at prices official dealer and without taking into account their natural wear and tear;
• discrepancy between the presented list of vehicle damage and that indicated in the accident certificate;
• inclusion of “extra” details in the calculation;
• accrual of penalties.

To establish the truth, you should:

• carefully study all documents referred to by the insurance company;
• if necessary, order an independent examination;
• if there are doubts about the reality of the amount of compensation calculated by the insurer, request a recalculation of costs.

As a result of the measures taken, the amount claimed by the insurance company may be significantly reduced.

Challenging legality

Having received claims for payment from insurers, the first thing you need to check is whether the statute of limitations allowed by law for filing claims has not expired. It should be borne in mind that the period for a regressive claim is calculated from the date of the incident, and in the case of subrogation, from the date of the insurance payment.

If the statute of limitations has not passed, you can (in case of disagreement with the received requirements) try to prove your rights during pre-trial or trial proceedings.

Pre-trial proceedings

Current legislation provides for a pre-trial procedure that precedes the filing of civil action directly to the court.

Now the first step towards resolving a controversial issue peacefully is to raise a pre-trial claim. If the parties manage to reach an agreement, they can significantly save their own time and money by avoiding costly and lengthy court proceedings.

As a rule, insurers file a pre-trial claim as part of CASCO subrogation. After all, recourse claims under compulsory motor liability insurance can be sent to the culprit of the incident only if his guilt is proven in court.

How to file a pre-trial claim

There are often cases when the insurer did not bother collecting evidence, and the demand from him came to the addressee in the form of a letter containing:

• brief information about the incident;
• financial claims against the person through whose fault the accident occurred, leading to compensation for damage;
• links to legislative acts;
• amount required for payment.

The form of the pre-trial claim is indeed not approved by law, therefore the initiator has the right to draw it up in any form. However, the recipient should be aware that such a document will not be legal if it does not contain a number of mandatory sections and information, and also if it is not accompanied by documentary evidence of the specified information and requirements.

A properly drafted pre-trial document must contain:

1. Personal data of the addressee.
2. Details of the accident.
3. Expert opinions.
4. Information provided by witnesses.
5. The amount required to be paid.
6. Name and contact details of the insurance company.
7. Time limit for consideration of a claim.
8. Links to regulations.

As confirmation of the stated information, the insurer mandatory must attach to the claim:

• calculation of the amount of damage compensated to the injured party;
• Act independent expert with attached photographs of the scene of the incident;
• confirmation of the fact of insurance payment;
• certificate of traffic accident from the traffic police;
• resolution on an administrative offense;
• copies insurance policy and the title of the damaged vehicle;
• certificate confirming the occurrence insured event.

Why you shouldn't agree to subrogation

Most often, 30 days are allotted for the consideration of a claim under subrogation. In rare cases of unconditional agreement with the put forward requirements, the recipient has the opportunity to agree on an installment plan. If the addressee does not unconditionally agree to subrogation and does not intend to pay money for it, he will have to enlist the support of a lawyer and wait for a summons to court.

Experts recommend taking the second path. However, you should not wait for the trial with folded arms. The defendant needs to carry out full pre-trial preparation, which will subsequently help prove his own innocence or significantly reduce the amount of return stated in the request. In the allotted time, he can, after studying the documents provided, adjust the amount of damage, find witnesses who are ready to testify in court in favor of his innocence, and discover that the documents drawn up on the fact of the accident do not comply with the requirements of the current legislation.

Practice shows that most often the insurance company demands compensation for damage by subrogation, overestimating its claims by almost a quarter of the actual amounts. Therefore, you should not unconditionally surrender to the mercy of the insurer. Fighting for your own rights can significantly ease the financial burden of payments for the participant in the accident or even completely relieve it.

The insurer is obliged to compensate for the damage caused to the injured party by its client. Moreover, this concerns not only the damage caused to the materials or structure of the vehicle. Damage also includes the amount of expenses for treatment, care or burial (in fatal cases). Where are we going with this? And to the fact that in a certain part (usually less) of all insurance cases, the company, after paying the injured party, will demand reimbursement of costs from the culprit in judicial procedure. This is called the regression of compulsory motor liability insurance (Article 14, part 1, of the law on compulsory motor liability insurance and article 1081, paragraph 1 of the Civil Code of the Russian Federation).

Regression under OSAGO

If you find a good lawyer (without him it will be difficult for you to defend yourself), then there is a chance that he will be able to find certain inconsistencies in the case and thus save you from paying recourse or at least reduce the amount.

According to the law (Article 14 of the Law “On Compulsory Motor Liability Insurance”), the insurance company has the right to demand compensation, acting according to the following “scheme”:

Carry out an assessment examination (this is mandatory, otherwise, if the insurance company sends the vehicle for repairs without a preliminary examination or assessment, then the culprit will have the opportunity, in principle, to appeal the recourse, due to the impossibility of confirming the actual damage), pay the entire amount to the injured party.

After this, the insurance company sends a claim ( by registered mail, against signature) to the culprit, which indicates the amount of damage that must be repaid pre-trial. If it is not possible to resolve the dispute out of court, the insurance company files a regressive claim. statement of claim to court, against the guilty party. And if all the provisions were taken into account by the plaintiff, the application will be considered by the court.

After the decision is made, the culprit is given a period established by law to voluntary repayment debt. Otherwise, if in specified period, the amount of compensation was not returned, the bailiffs are taking over the case.

As a rule, the court upholds claims from insurance companies

The culprit should remember that the clause on conducting an examination and paying compensation to victims is mandatory. Otherwise, the court may refuse recourse.

To date insurance amounts are:

In case of property damage - 400,000 rubles.

Harm to life or health - 500,000 rubles.

By the way, the culprit has the opportunity to file a counterclaim if he does not agree with the assigned amount of compensation. This is especially true in cases where meetings were missed and the guilty party learned about the decision only from a court notification. As evidence that the assigned amount does not correspond to real costs, the culprit must provide the results of independent examinations or, for example, obtain evidence of actual payment to the insured injured party.

In addition, in addition to the amount of direct damage, the insurance company has the right to demand compensation for examinations and legal costs.

When does the insurance company demand a refund?

There are many reasons when an insurance company has the right to demand regressive reimbursement of costs (Article 14 of the MTPL law). So:

The driver was driving someone else's vehicle, without having any permits for this vehicle.

The culprit had a VU or did not exist at all.

The driver at fault from the scene of the accident.

The accident was committed while the culprit was in a state of narcotic, medical (sleeping pills), opiate or other type of intoxication.

The culprit was not included in the insurance policy.

The insurance is expired.

Intentionally causing or causing an accident.

Failure to notify the insurance company of an accident. When drawing up a protocol with the participation of the police or a “European protocol”, you are given 5 working days to provide information to your insurance company. The absence of transmitted information means the company has the right to claim recourse.

The car was not provided for inspection or examination.

Expired. This applies to drivers of passenger taxis, buses, and trucks, including those converted to carry passengers (more than eight seats).

Providing false information when taking out insurance, to reduce the insurance premium (valid from 01/01/17).

In general, before signing an insurance contract, you should study all the clauses very carefully. Because the basis for a claim of recourse can only be the presence of any illegal actions. That is, this does not apply to those cases where accidents were committed accidentally or unintentionally.

Is it possible to avoid regression?

There are many opportunities to avoid paying recourse, and legal ones at that. So:

1. Keep track of the validity period of the policy; as you understand, upon its expiration you have the right to demand compensation. Check whether you are included in the policy form, which lists the drivers for the vehicle (does not apply to cases where the policy is unlimited).

2. Do not leave the scene of the accident.

3. Do not repair the vehicle until the moment fixed time or the insurance company will not give permission.

4. Monitor the validity period of the diagnostic card.

6. We were able to prove that the insurance company sent the vehicle for repairs without conducting a preliminary examination. In this case, it is not possible to reliably calculate real costs. The service may charge inflated prices for spare parts. Then, with the participation of a good lawyer, you can achieve a complete denial of recourse.

7. Follow traffic rules and legislation in general.

8. In addition, we should not forget that the law “On Compulsory Motor Liability Insurance”, Article 14, paragraph 2, also states that responsible person the expert who issued the diagnostic card also becomes. That is, if it can be proven that the cause of the accident was a vehicle malfunction. The expert will answer if:

A defect has been detected that is not mentioned in the diagnostic card, but it led to an accident.

The defect was not detected during the inspection of the vehicle by an expert.

Conclusion

As a result, I would like to say that you need to adhere to the rules and laws, then the likelihood of compensation under recourse will be minimal. In addition, everyone should understand that the statute of limitations for compensation is determined by law (Civil Code of the Russian Federation, Article 966, Part 2), therefore, after the statute of limitations has expired, the insurance company has no right to demand compensation. For example, in case of damage to health, life, property of third parties, the limitation period is no more than three years.

The peculiarity is that the validity period is calculated not from the moment of the accident, but from the moment of actual transfer of compensation to the injured party. In addition, the IDA is suspended when a claim is filed in court.

The insurance company paying compensation under compulsory motor liability insurance is commercial organization, aimed at profiting from policy payments and reducing reimbursement costs to a minimum. When there are reasons to transfer financial obligations against the culprit of the accident, the insurance company demands compensation for damages under compulsory motor liability insurance in a recourse manner. In every company, similar collection situations arise every day, and if possible, Rosgosstrakh demands money for the accident from the guilty party as a recourse.

In what cases is regression possible under compulsory motor liability insurance?

According to the current MTPL rules, established by law No. 40-FZ, IC, under certain circumstances, has the right to demand repayment of repair costs under recourse claims. Article 14 of Federal Law No. 40 provides a list of circumstances when it is possible to demand recovery from a guilty motorist. Such cases include:

• allowing a deliberate collision with a person, causing property damage to the parties involved in the accident;
• presence of alcohol in the blood of the guilty driver, driving under the influence of drugs and psychotropic drugs;
• fleeing the scene of an accident after a collision;
• lack of a license while driving, lack of an insurance policy in the car.
• using the car as a taxi without the appropriate maintenance.

Thus, having identified the above circumstances, in the event of an accident, the insurer recovers losses from its client as the offender whose actions provoked the emergency.

The insurance company demands compensation for damage after an accident: what to do?

When a situation occurs that allows for the use of a recourse claim, many insurance companies prefer to wait a period, putting forward financial requirements against the culprit by the end of the limitation period, i.e. after more than 2 years. This behavior is caused by the desire to increase one’s chances of success when considering a case in court, because it is often quite difficult to raise information about an accident that occurred almost 3 years ago, and many documents that could help in challenging claims may be damaged or lost. It is quite difficult to protect yourself in this case; you need the help of an experienced lawyer specializing in auto insurance. Together, measures are being developed to challenge the claim, reduce the amount, and prove innocence.

We dispute the guilt

In some situations, recourse claims are made against the injured party.

Such actions are possible as a result of incorrect interpretation of the information about the incident on the road described in the protocol drawn up by the traffic police. To free yourself from unfounded claims, you will have to build a defense for litigation.

Insurance companies, when formulating claims against the innocent party, rely on information from the submitted documents - notices, protocols drawn up by representatives of the State Traffic Inspectorate.

For the court to identify the culprit, priority will be given to the statement from the protocol on the offense, in which a punishment is imposed on one of the drivers. However, in most cases, it can be proven that the events on the road that resulted in damage to the car and subsequent requests for payments occurred due to the mutual fault of the motorists. If you have sufficient knowledge in the field of insurance, there is high chances admit partial guilt or prove to the court that the driver was not involved in the accident.

We check the legality of the requirement

When an insurer makes recourse claims, the legality of the charges should be checked. First of all, the period elapsed from the moment the right to a recourse claim arises is established. If more than 3 years have passed since the accident, all actions of the auto insurer attempting to return the funds paid to compensate for the repair of the damaged vehicle may be challenged due to the expiration of the period allotted for the claim.

If compensation is sought on the basis of subrogation, the starting point for the three-year limitation period will be the moment payment is made. This fact must be taken into account when determining the legality of the requirements.

We reduce the size of the recourse claim

The amounts specified in the claims do not always correspond to the actual damage. Overestimation is often practiced in recourse claims in the following situations:

• incorrect determination of standard hour payment taken into account when calculating insurance compensation;
• costs for parts replaced during the repair process are calculated according to full price from dealers, not including possible reduction in value due to the degree of wear and tear.
• the damage indicated for repair by the insurer exceeds the amount of damage established by the certificate from the traffic police;
• the appearance of excess spare parts in the cost estimate;
• application of penalties against the driver.

To carry out work to reduce the cost of the claim, it is necessary to:

• subject to thorough analysis of the documentation mentioned in the claim by the insurer;
• insist on an independent examination;
• If you identify suspicious calculations in the calculation of compensation calculated by the insurance company, declare your demands for repeated calculations.

For a justified challenge, it is necessary to carefully analyze each statement of the insurer and check the cost items for each item. Special attention refer to the vehicle inspection report and the calculation of the costs incurred. When determining the legality of claims, one should take into account the adoption at the end of 2014 of a uniform standard for calculating the amount of damage and repairs. All experts working in the field of auto insurance are required to use the new regulations.

To prepare a cost estimate, the appraiser must use established reference books that contain information on the cost of parts, consumables, and the services of auto repair shops. These reference books are approved by the RSA and accepted for use by all expert bureaus in Russia.

After careful study expense items, you should check the accounting for depreciation in the calculation submitted to the recourse claim. As a result of the work performed, the amount to be reimbursed can be significantly reduced.

Pre-trial proceedings

Before going to court, the Investigative Committee is obliged to take pre-trial measures against the identified culprit. Meanwhile, the claim cannot be accepted for consideration if work has not been done to recover costs before going to court.

Situations often arise when the insurance company, without understanding the details of the insured event, sends a pre-trial claim. A letter in which the insurer demands compensation for expenses incurred does not have unified form, however, must contain the following points:

1. Data of the recipient of recourse claims.
2. Detailed information about the accident.
3. Conclusion of the examination.
4. Witness's testimonies.
5. Amount of compensation sought.
6. Data and details for transfer from the insurance company.
7. The allotted time limit for fulfilling the requirements.
8. Legislative references that the insurer relied on when making a claim against the driver.

The document must be accompanied by a list of evidence on which the insurer relied when making claims:

• calculation of repair costs and purchase of parts;
• an examination report with a photo from the scene of the accident;
• financial documents on settlements made;
• certificate from the State Traffic Inspectorate;
• a violation order issued by the traffic police;
• a photocopy of insurance and documents for the car repaired at the expense of the company;
• a document recognizing the event as insured (a corresponding act prepared by the insurance company).

The driver against whom the amount of compensation is being recovered must receive a document drawn up in a legally competent manner, with evidence in the form of documentary attachments. In practice, the insurance company often sends a simplified version of the letter, without presenting evidence base, indicating only the main circumstances of the case:

1. Brief information about the incident.
2. Amount to be recovered.
3. Articles of laws allowing for recourse.

Such a document was drawn up in violation of the procedure. pre-trial settlement, therefore cannot be recognized as a legal basis for recognizing the pre-trial procedure as having taken place.

Judicial practice in cases

It is quite difficult to protect the rights of a motorist long after an accident - there is insufficient knowledge and experience in complying with the norms of civil procedural legislation. However, you should not completely entrust the right to speak in court and submit an appeal through your representative.

It is in the interests of the motorist to closely monitor the progress of the proceedings and take part in the consideration of the case by the judge. It should not be ruled out that the court, in the absence of the accused, may satisfy the claims of the Investigative Committee in in full, considering the insurer’s arguments sound.

It is quite difficult to achieve a fair decision without the work of an experienced lawyer. You should not skimp on the services of a specialist in the field of protecting the rights of motorists, since his main tasks include completely removing charges or reducing claims to a minimum. Moreover, if the case is considered in favor of the accused, attorney's fees may be recovered from the plaintiff. And if the company’s claim is satisfied, one should remember the successful practice of further appealing against previously issued decisions.

How to avoid regression?

Receiving recourse claims is not a pleasant matter. It is much easier to avoid violations in order to eliminate the possibility of losing in court. When getting behind the wheel, a motorist is obliged to comply with the current Rules (Traffic Regulations) and other provisions of the law that apply to all citizens of the Russian Federation.

The following recommendations will help eliminate the risk of recourse claims:

1. If the driver took alcoholic beverages before the trip, you should forget about driving your own car. It’s easier to call a taxi, saving yourself from the risk of becoming the culprit of an accident.
2. The driver must be careful when operating the car, taking into account the increased risk on the road. It should be remembered that there are enough “specialists” on the streets who provoke accidents in order to then demand compensation.
3. If your insurance has expired, you should go to the insurance company or apply for a policy online rather than driving without any protection in case of an accident.
4. When specialized vehicles are used (this includes taxis, buses, trucks), it is important to ensure timely completion of regular maintenance.
5. If a driver gets behind the wheel of a car that is not his own, it is better to check again whether the person is included in the insurance, rather than later compensate for the expenses of the cars damaged in an accident.
6. IN moment of the accident Under no circumstances should you leave the scene of an accident unless there is an urgent need to transport victims. It is necessary to wait for the traffic police representatives to arrive and carefully monitor the drawing up of a protocol and recording the circumstances of the accident.
7. The person responsible for the accident must notify the insurer only in one case - when drawing up a European protocol. Application period – 5 days.

Recourse claims are difficult when asserting your rights, primarily due to the long-standing nature of the case. Since violations in the procedure often occur when filing claims, and the amount of compensation is quite significant, it is not recommended to engage in defense in court on your own. Hiring an auto lawyer will help resolve issues with the insurance company with minimal losses.

Is your insurance company demanding money from you?

The insurance company demands money from YOU

A few years ago you got into an accident and were found guilty!!!

The victim's car was not badly damaged.

You have already forgotten these sad events.

And suddenly it now turns out that the repair of the damaged car amounted to 200,000 rubles and the insurance company is demanding 80,000 rubles from you, which were not covered by compulsory motor liability insurance (120,000).

What to do?

If the situation described above arises, bring the documents presented to you by the insurance company, our lawyers will assess the legal perspective of your case for free, and our experts will check for free whether the calculations of the cost of repairing the damaged car are objective.

In accordance with paragraph 1 of Art. 965 Civil Code RF to the insurer who paid insurance compensation, transfers, within the limits of the amount paid, the right of claim that the policyholder (beneficiary) has to the person responsible for the losses compensated as a result of insurance.

What does it mean?

Let's give an example.

As a result of an accident in which you were found guilty, the car insured under CASCO was damaged. It would seem that everything is in order, you are repairing your car, and the victim is repairing his at the expense of the insurance company with which he has an agreement. And no one has any complaints.

A year passes, sometimes two, and you receive by mail a demand (and sometimes immediately a statement of claim) for compensation for harm/damage through subrogation. This request will explain to you that the victim's insurance company paid for repairs to his car. Price refurbishment amounted to, say, 300,000 rubles (in the practice of our company, the amounts were much higher). Further it will be indicated that your MTPL insurance company paid the insurance compensation within the liability limit. Namely 120,000 rubles, and thus you owe the insurance company 180,000 rubles, and if you do not repay the debt within 10 - 20 days, the insurance company will recover this money from you through the court, and in addition to them also legal costs and penalties.

Anger? Panic?

How to deal with a huge insurance company with a staff of 30 lawyers?

And the main question is what to do?

In fact, the answer is obvious - you need to contact us and under no circumstances pay.

Even if the insurance company is obviously right at first glance (they actually paid the money, and in exactly that amount), there are a huge number of options, if not to completely fight off the insurance company’s demands, then to reduce its claims several times.

In court, one can call into question absolutely all the evidence presented by the Claimant (insurance company), starting from guilt in the accident and ending with the need to repair some elements of the victim’s car. During the trial, it may be necessary to appoint automotive technical, traceability and automotive commodity examination.

Naturally, such work must be entrusted to a specialist who clearly understands how to act.

Sincerely, the team of the Agency of Professional Automotive Lawyers.