LawCausing Harm

Did the Insurance Claim? Legal consultation

Let's consider the legal grounds for the occurrence of this situation by an example. On 25.02.2012 there was an accident involving two vehicles: a Mazda Mazda and a Ford car. The driver of the Ford car was found guilty of an accident. Mazda owner insured his car for CASCO in the insurance company LLC Rosgosstrakh. Recognizing the case as insurance, the insurance company made a payment for CASCO for repairing a Mazda car in the amount of 500,000 rubles. Thus, having compensated the victim for the LLC "Rosgosstrakh", the right to claim damages to the culprit of the accident and the insurance company in which the civil liability of the culprit of the "Reso-Garantia" insurance company under the OSAGO policy was insured. Having exposed the claim to the insurer of the culprit, the claim of OOO Rosgosstrakh receives a refund within the limit of liability for OSAGO, established by the Federal Law "On MTPL" in the amount of 120 000 rubles. Thus, the amount of damages not compensated by OOO Rosgosstrakh is 380,000 rubles, which are subject to recovery from the perpetrator of the accident.

What if you received a claim from an insurance company in the order of subrogation?

For this, first of all, you should apply for a qualified legal advice. If you decide to act on your own, then usually the only possible option is to try to reduce the amount of the recovered amount. To do this, it is necessary to familiarize yourself with the documents submitted by the insurer, to assess whether the amount of work done corresponds to the damage received in the accident (the damage is recorded in the certificate of the accident and the inspection certificate), was taken into account when calculating the amount of payment (the claims are presented on the basis of the SDAA accounts, Why do not take into account the car's wear and tear). If the damage in an accident is in accordance with the claims, and when calculating the claim requirements, the depreciation of the vehicle is taken into account, in this case it is necessary to apply to an independent examination. On the basis of the Vehicle Inspection Report, the Certificate of Accident and other documents at your disposal, the appraiser will prepare a report on the cost of the repair of the vehicle. This report will serve as evidence in court and will be the basis for the court to reduce the amount to be recovered, or the appointment of a forensic examination. If, in the preliminary assessment by you or the expert, the inconsistency of the claimed damage is established by the damage received in the accident (actually repaired at the service station in the direction of the insurance company.This can happen if the victim claims to the insurance company immediately for several insurance cases, respectively, without dividing the accounts into separate losses, Service exposes a single account), then this can serve as the basis for the designation of a trarological or auto-technical examination, according to which the expert udet excluded from the calculation of a number of injuries not related to the insured event. In this case, legal advice will be required. In the absence of a sufficient evidentiary basis and with a competent legal justification, these circumstances may also serve as the basis for denying the claim in full.

In this case, you should also pay attention to the provisions of paragraph 2 of Art. 966 Civil Code of the Russian Federation in accordance with which "The limitation period for claims arising from the contract of insurance of the risk of liability for liabilities arising from the harm to life, health or property of other persons is three years". In turmoil, with a large number of cases, as well as all pre-trial procedures, insurers often miss this deadline. If more than 3 years have elapsed from the time of the accident to the time of filing the claim, it is necessary to declare the expiry of the limitation period in court , which will serve as the basis for refusal to the insurer in full.

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