In the insurance sphere, a lot of terms are used, many of which are not understood by ordinary citizens. They are necessary to simplify transactions. What is abandon in insurance? This concept is used in relation to property abroad. It is also common in the field of car insurance. Now it is actively used in Russia.
Abandon is a concept that indicates the possibility of a waiver of property in favor of the insurer. The beneficiary has the right to waive his rights to the object, if it is fixed in the contract. This is necessary to obtain maximum benefit from the insurance company.
The traditional case of Abandon is the sale of property, after which the rights of the owner are transferred to the insurer, who pays all the compensation. When the loss is, the rights of ownership pass to the insurance company. Abandon is not an absolute, categorical rule, therefore in some circumstances, a refusal to exercise the right is necessary.
At first glance, it may seem that abandon is a simple rule, but in fact it is not. Although the contract prescribe the terms of cooperation between the parties, there are often disputes about the legality of the application of the rule, the rules of payments and the amount of compensation.
Often conflicts are resolved in court. The majority of cases are won by the beneficiary or the policyholder. Because of this, specialists of firms are interested in judicial practice in the sphere of abandon.
Is it a right or an obligation?
Many are wondering, is abandon a right or an obligation? This is the right that the beneficiary has. And for the insurer, abendon is considered a duty, because he must accept the insured property. This norm is realized by means of a letter sent by the insured to the place of residence of the insurer.
In this situation, there is no subject of the contract, under which the agreement of the parties to the transaction would be regulated. This agreement is signed in cases when it is necessary to deal with technical issues relating to the method of transfer of documents and property.
It must be issued by the beneficiary. This is done not later than the moment when the insurance indemnity is received . In marine insurance, the law is valid for 6 months from the definition of the insured event.
The application is not allowed to be revoked, since it is unconditional. Under the contract and the law it is necessary that the beneficiary who has found the property must return the amount of compensation to the insurer. Only the damage caused to property is deducted.
The rules of writing abandon
This concept includes not only car insurance. Abandon should be compiled in the event that a constructive death of transport was discovered. This is observed when the repair price is above 30% of its present market value. In these cases, very complicated calculations are used, which can not be used by the owner of the car for several reasons.
Abandon is unprofitable for Russian insurance companies, especially when the distribution of the CASCO policy is observed. It is more convenient to pay a small compensation, thanks to which the restoration of the car can be covered, which is impossible due to the legal ignorance of the transport owners. Therefore, if a constructive death of a car is detected, it is necessary to use the services of a professional.
Services of "Rosgosstrakh"
This company offers to arrange car insurance. Among the owners of transport is popular CASCO. To use the services of the company, you need to learn the rules of insurance. Rosgosstrakh proposes to conclude three types of contract:
- Full: payment will be equal to the insurance value of the machine. And the damage is paid in full.
- Partial proportional: the amount is less than the insured value. Compensation occurs in proportion to the amount to cost.
- Partial disproportionate: payment is provided with incomplete insurance.
The insurance policy of Rosgosstrakh establishes the following:
- Payment of the premium even in cases where the insured was the policyholder.
- If no more than 2 contiguous parts of the car were damaged.
- For theft or damage, compensation is provided on the basis of depreciation as a percentage of the contribution.
- It is not paid for point damage caused by animals or birds.
Rules for the design of Abandon
The client has the right to receive full compensation. For example, an insurer issues a transport damaged in an accident. In practice, the amount of compensation can be small. But usually car owners agree to this, because they do not want to sell on their own.
Abandon is required when the restoration of property is useless or it requires a lot of investment. The right to use the property passes to the insurance company. Abandon is made in 2 ways:
- The contract prescribes the terms of cooperation.
- An additional document is issued, in which it will be said about the transfer of property.
The latter situation can conclude one nuance. The firm offers to the client to issue the contract in which it is registered about transfer of transport to the third parties, for example, to commission shop. Such transactions should not be formalized, because after the transfer of the property, the client has no right to abandon. Therefore, he will not be paid compensation. The insurance abandon is the advantage of the client, if this is stated in the contract.