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No motorist is immune from the prospect of getting into a traffic accident. Every road accident entails negative consequences and troubles to resolve them. But only the owner of the car has the right to decide whether to independently deal with issues of compensation or enter into an assignment agreement (assignment of the right of claim) with a person whose scope of activity includes the purchase of insurance cases for road accidents.

Is the ransom legal?

According to Art. 382 of the Civil Code of the Russian Federation, assignment is a transaction to transfer the creditor’s rights to a third party. After an accident, you become a creditor of the insurance company. The rights of the creditor can be transferred under an assignment agreement (assignment of the right of claim). If an agreement is reached with the buyer on the price of your rights, receive the money, sign the contract, and then give him the documents on the accident. Buying out insurance claims for road accidents is a completely legal operation.

In what situations is it profitable to sell insurance business?

Here is a comprehensive list of situations in which selling an insurance business would be a more profitable option. This is appropriate if the insurance company:

• underestimated the payment;
• refused payment;
• delays payment and requests new documents;
• went bankrupt.

What documents should be on file?

To begin, we advise you to collect the documents below yourself and, within 5 days, contact the insurance company with an application in the form established by it, attaching copies of the title document for the vehicle and driver’s license, as well as:

• (the so-called European protocol - filled out by all participants in the accident on a form issued by the insurance company when concluding an insurance contract);
• or a decision to refuse to initiate administrative proceedings;
• other documents that may vary depending on the specific situation.

Form 154 certificate containing information about the incident, the car and the damage caused in the accident is currently (since March last year) not issued by the traffic police and the Investigative Committee has no right to demand it. All this data must be displayed in the protocol or resolution.

After receiving the response from the insurance company, if you consider the assigned amount to be too low or the company’s refusal to be unlawful, you have to decide: to defend your interests in court, hire a lawyer, or sell the accident case to a third party.

The first two options will require your patience and financial costs to consider the case in different courts. However, it is unknown what the final decision in the case will be and how long the proceedings will last.

The third option – buying out an accident insurance claim by a third party has undeniable advantages:

• the amount of compensation is determined in negotiations when concluding an assignment agreement;
• you receive the money immediately upon reaching an agreement;
• save time and nerves.

Insurance companies are in no hurry to pay and try to underestimate the amount. But sometimes this is the best option. Here the decision is up to you, focusing on the specific situation, speed of implementation and prospects.

If the damage caused is a large amount, it is advisable to act in this way: receive compensation from the insurance company, and sell the uncompensated part of the damage under an assignment agreement. Of course, with a discount. Discount is the only drawback of selling accident insurance. But with a scrupulous approach to paperwork, this is how you will receive compensation (in total) in the maximum amount.

How to choose the right company to sell insurance business

But what to do if there are no such people in your circle of friends? Don't rush to choose. Understand that you have to choose among subjects for whom this activity is a source of profit. A deal to buy your creditor's rights opens up the possibility for them, as professionals in this field, to recover from the insurance company through the court an amount 10-30% higher than what is paid to you.

When choosing a company, you need to keep in mind that professionals do not make hasty offers to purchase an insurance claim. They draw their conclusions based on experts’ assessments of the damage to the car and the cost of restoring it.

Often, just a visual inspection of the car is not enough. Depending on the specific situation, it may take from one hour to several business days to determine the extent of damage and make a decision.

There is no reason to blindly believe a company that promises you to fully repay the damage caused, since the purpose of its activities is to make a profit, not charity, and the procedure for collecting funds includes a number of expenses. You should also be critical of offers to make payment on the same day: companies that offer to pay off your losses immediately inevitably underestimate the amount of payment.

Redemption methods

In practice, we are faced with two ways to buy out cases: an assignment agreement and a fictitious buyout.

Assignment agreement

Parties: the policyholder (the owner of the car or a person who has a power of attorney to drive the car involved in an accident) and a third party. Subject of the agreement: transfer of the right of claim from the insurance company. The signing of the assignment agreement must occur simultaneously with your receipt of the agreed amount.

Important: an assignment agreement cannot be concluded if the insurance contract contains a prohibition on transferring the right of claim without the consent of the insurance company.

Fictitious ransom

Some companies offer to sign an agreement under which they are authorized to act on your behalf in court and other authorities. This is not a cession, but a fictitious redemption or transfer of your rights under an insurance contract. Depending on the specific content of the contract, it may have a different scope of transferred rights, including even the right to receive money for you or your obligation to pay for services provided.

Let’s summarize: there is no universal way to sell an insurance business profitably. However, having become familiar with the main pitfalls of the sale procedure in this article, you will be able to get around them, collect the necessary documents and, taking into account the specific circumstances, make the best decision.

How to sell an OSAGO accident case, how insurance companies work: Video

In our country, organizations have begun to actively appear that provide services to protect the violated rights of car owners by insurance companies. In fact, this is very similar to how collection agencies buy the debts of individuals from banks.

Dear reader! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call by phone.

It's fast and free!

Important! All parties to this type of contractual relationship must act only within the framework of current legislation.

Such problems are faced more often than others by those people who have entered into a CASCO agreement on a voluntary basis. It is easier for MTPL owners in this matter, because legislators have clearly prescribed both the amounts of payments and the procedure itself. And if the insurer violates them, he will also be required to pay a fine.

It is worth noting that buyout is a very successful business. Definitely troublesome, but well paid. And such success attracts dishonest businessmen to this market. It is because of this that people have distrust of such organizations. But there is no need to put everyone on the same page; there are many decent organizations on the market that successfully cope with their responsibilities.

Pros and cons of buying out insurance cases

A person who sells his right of claim to an insurance organization receives his own advantages:

1. The period for receiving compensation is significantly reduced (relative to independent appeal to the court and the bailiff service).
2. There is no need to spend money on court costs and similar expenses (they will subsequently fall on the shoulders of the defendant).
3. The risk of the size of the disputed amount of compensation has been reduced (as practice has shown, it is possible to recover 100% of the amount, but with a competent and skillful approach, but usually this is 75-80%).
4. A clear understanding of the amount of the insurance payment, the timing of its implementation, its payer (the assignee will clearly indicate to you the boundaries of both the amount and the timing, and will write them down in the contract).
5. Saving personal time (everything is entrusted to the representatives of the reseller).
6. There is no irritating factor in court arguments and other debates with the other side.

Despite so many advantages, there are also some disadvantages:

1. Part of the compensation will go to the reseller of your right, which means you will not receive the full amount of compensation.
2. To conclude an agreement with a reseller, you will have to independently collect a certain package of documents.
3. Since this is a new type of service, people may have doubts about its success.
4. If you went to court on your own and won the case, you would receive both a fine and a penalty, but the reseller will receive this.

The procedure for purchasing insurance cases in the event of an accident

When an insured event occurs, the insured person has every right to receive compensation under the assignment agreement.

Important! All relations on this issue are spelled out in Article 382 of the Civil Code of the Russian Federation.

Initially, you need to decide on the organization to which you will transfer your claim. Once this is done, collect the full package of documentation that she will require. They are needed so that she can exercise her right and act under the assignment agreement.

Documentation required for the assignment of the right to receive compensation from the insurance organization:

1. Certificate from the traffic police in form 748 (copy).
2. Protocol and resolution from the traffic police on the fact of the accident (copy).
3. Written refusal of the insurer or statement of the occurrence of an insured event (copy).
4. Document on the assessment of the insurance company representative and its final cost (copy).
5. Independent expert's report (copy).
6. Copies of your personal documents, driver's license, car documents, etc.
7. The original court decision recognizing the debt of the insurer if it is undergoing bankruptcy proceedings or if its license has been revoked.

When everything is collected, the contract is signed and a notification is immediately sent to the insurer. This must be done in writing and have confirmation of this. The ideal option would be to enclose this document in a letter with an inventory and delivery notification. You can also use the services of a courier; the main thing is to have in your hands a document certifying the fact that you notified the insurer about the concluded transaction.

How to choose a reliable company for assigning the right to receive payment

As practice has shown, after the occurrence of an accident, the insured person hopes that he will be able to independently receive his compensation without any problems. But the reality, unfortunately, is completely different. Some people give up halfway and are left alone with their problems. But others are stubbornly fighting for their money. And now it’s time to contact a special organization that will force the negligent insurer to pay you in full.

And when choosing among a very large number of such organizations, adhere to the following 5 rules:

1. Do not decide to transfer your right to payment of compensation due to you on the first day of the accident.
2. Never trust those who make estimates by eye. This is the competence of only a qualified specialist.
3. Avoid those organizations that promise you 100% compensation.
4. The assignment agreement should be concluded only after the pre-trial stage of work with your insurer has been completed.
5. Carefully read the contract you intend to sign.

Important! Look for reviews about this organization on special resources.

Thanks to insurance, the burden of costs in the event of an accident can be shared with the insurance company. The amounts given out are not always enough to restore the car, but partial help is better than no help. There are several mechanisms for obtaining, one of them is the purchase of an insurance case for an accident.

Concept and basics

Insurance business is the prepared documentary base necessary to obtain financial compensation in the event of an insurance situation. In the case of an accident, this is documentary evidence of the accident and its circumstances, drawn up in accordance with accepted standards. An insurance file includes several documents.

• A completed notification of an insured event (accident) - on a special form issued by the insurance company. To be completed by all participants in the accident.
• An accident report drawn up by a traffic police officer.
• A resolution on an administrative offense or a documentary refusal to initiate a case.
• Certificate from the State Traffic Safety Inspectorate Form 12 (information about the subjects of the insurance business and the car and information about damage).

This is the basic package, but additional papers may be required, depending on the specific situation.

What is the purpose of buying out an accident insurance case, and who benefits from it?

Today it is possible to receive compensation not only from the insurance company, which is not always easy, but also from third parties.

This practice is becoming increasingly popular, as it allows motorists to acquire money to restore a damaged car with minimal effort and time.

Insurance cases are purchased by organizations that specialize in collecting debts from insurers. The company becomes the beneficiary and pays compensation to the car owner from its own assets, and subsequently receives money from the insurer.

Typically, these firms also offer related legal and expert services. Often, insurers deliberately underestimate the amount of damage in order to save on compensation, and an independent examination will show the real state of affairs.

Is this legal

Buying out an insurance business does not contradict the law; this procedure is prescribed in the Civil Code (the law on organizing the insurance business). It is called cession (assignment) - transfer of the right to claim insurance compensation. A written assignment agreement is concluded between the motorist and the organization, which specifies all aspects of cooperation.

In what situations is it profitable to sell insurance business?

Considering that buying firms make a profit from the difference in the amounts issued to the client and received from the insurer, it does not always make sense to sell your insurance business. Such a deal is accepted in some cases.

• When the amount of payment offered by the insurer is underestimated.
• When the insurance company delays the process, demanding new documents or citing oversights when filing an insured event.
• When it is necessary to prove the right to receive compensation through the court.
• When the insurer goes bankrupt and is unable to fulfill the conditions.

In these situations, it makes sense to transfer the right to receive money to professionals; they will collect the necessary documents, and you won’t have to spend money on the courts.

Sales process

There are a lot of companies offering buyout services in every region; there are plenty of advertisements in newspapers and on the Internet. In order not to make a mistake with your choice, it is worth considering some nuances.

• A thorough assessment of damage is a long, painstaking procedure; you should not rely on promises of payment of compensation on the day of application. This speaks not of efficiency, but of unprofessionalism.
• Even if they offer to fully repay the amount of damage, this is an advertising ploy; on average, you can actually get about 70%, maximum 90%. Otherwise, what interest do intermediaries have?
• There is no need to immediately run to resellers after an accident; according to the law, an agreement can only be concluded after pre-trial proceedings with the insurance company. And if the result is not satisfactory, it is worth reselling the right to compensation.

To conclude an assignment agreement, the victim in an accident must...

When an insured event occurs, car owners do not always receive the payments due within the 20-day period provided for by law. For those policyholders who do not want or cannot wait for insurance compensation, there is a service - redemption of an insured accident event. It is provided by specialized companies that receive a good remuneration, but at the expense of the insurance party, not the injured party.

So, first there is an accident that falls into the category of insured events. A mandatory technical examination is carried out to determine the amount of compensation under the policy. For some reason, the insurance company refuses payment, delays it, or pays an amount less than that determined by the commission. What to do next? One way out is to sell the debt that has arisen.

The sale of insurance company debts is possible under the following circumstances:

• the amount paid by the insurer is not enough to restore the car after the accident;
• The insurance company, 20 days after the client submitted documents regarding the accident, did not refuse, but did not transfer compensation, and also did not repair the vehicle;
• the insurance company refuses to pay compensation;
• SK declared bankrupt;
• the money is needed urgently, and the amount offered by car lawyers suits the car owner;
• The Investigative Committee deliberately delays the consideration of the case, demanding more and more new documents or making corrections to documents with shortcomings;
• the car owner cannot or simply does not want to participate in court proceedings;
• if the Investigative Committee is in no hurry to implement the court decision.

What documents are used to formalize the assignment of the right of claim?

This kind of deal is not uncommon these days. They are carried out on a legal basis and are regulated by the Law “On the Organization of Insurance Business”.
The redemption of insurance cases is carried out according to the choice of one of the legal structures.

Power of attorney

With this document, the policyholder authorizes any legal entity or individual:

• represent your interests in insurance, court or other authorized bodies;
• receive money;
• contact regulatory authorities.

In order for a power of attorney to be legally valid, it must be notarized. The disadvantage of this method is that many aspects remain outside the scope of the document. They are reflected in oral agreements between the principal and the attorney. This applies to a greater extent to monetary issues. The power of attorney, for example, does not indicate that the attorney is receiving money not for himself, but for the principal. The fact of subsequent transfer of insurance compensation is also not regulated by anything.

This method of formalizing relations is appropriate mainly when assigning rights of claim to individuals, for example, an individual lawyer or a literate person who does not have a legal education (perhaps an acquaintance of the insured). In other cases, a specialized agreement is drawn up.

Assignment agreement

The procedure for transferring the right to claim insurance compensation to a third party is called assignment. In this case, the debtor remains the same (SC), only the copyright holder changes: instead of the car owner, there is a reseller company.

The insurer has no right to prohibit the policyholder from entering into an assignment agreement.

The only exception is situations when auto liability is insured with a CASCO policy. Many such agreements stipulate a ban on the sale of insurance claims. In all other situations, it is enough to notify the insurance company. The assignee (acquirer of the right of claim), and not the assignor (the policyholder), is obliged to do this as soon as possible.

The assignment agreement is concluded in two copies in writing and does not require notarization. The conclusion of such an agreement is possible subject to the following circumstances:

1. The assignor is the person injured in the road accident, his representative or the insured who owns the policy.
2. The right of claim has not previously been transferred to a third party.
3. The assignor undertakes to transfer to the assignee all documentation related to the case (notification, certificate and protocol of an accident, decision to initiate or refuse an administrative case, etc.). All these documents constitute the insurance case, which is acquired by the assignee.
4. The requirements for the SC are valid.

If at least one of the listed conditions is violated, the assignor is obliged to return the money received from the assignee.

How does debt repayment take place?

Redemption of insurance cases occurs in the following order:

1. After a traffic accident, the policyholder collects the necessary package of documents and, together with the application, submits it to the insurance company.
2. The insurer refuses to pay or transfers money for repairs in an insufficient amount.
3. The car owner is sent to an organization that buys out debts under compulsory motor liability insurance.
4. A repeat independent examination is ordered.
5. If the company’s specialists consider the case promising for winning in civil court and are able to agree with the client on the amount of compensation, an assignment agreement is drawn up. It reflects all the nuances of the transaction.
6. The car owner receives compensation in the agreed amount, and the company has the right to demand compensation from the insurer on behalf of the seller of the claim.

Benefits of Debt Realization

Most car owners decide to sell insurance for the following reasons:

Flaws

Buying out insurance claims has one, but huge, drawback - “lost profits”.

If the policyholder decides to pursue the matter to the end on his own, he can receive much more money than the reseller company will pay him. As a rule, such organizations pay only 70-80% (maximum 90%) of the required amount of compensation.

Example. The amount of insurance compensation was 100 thousand rubles. The policyholder received only 20 thousand from the insurance company. There is no way to collect the rest of the debt. The car owner decides to sell the insurance case for 50 thousand rubles. That is, he will already receive 30 thousand less (100-20-50).

In addition, if a person went to court on his own, he would also receive a fine in the amount of 50% of the unpaid amount of insurance compensation.
In our example, this is 40 thousand rubles (50% of 80 thousand). The amount of lost profits is already 70 thousand. Let's count further. For each day of delay there is a penalty of 1% of the unpaid amount. Let’s say the insurance company is 1 month late in payment. The amount of the penalty in this case will be 24 thousand (30% of 80 thousand). What if the period of delay is longer? As a result, the policyholder who wished to sell the insured event will receive less than 94 thousand rubles (30+40+24).

Naturally, there is always a possibility that, based on the results of the examination, the amount of insurance payments will be reduced. But, as judicial practice shows, this happens in exceptional situations. Even if the payment amount decreases, it will not be by much.

Another negative point. Since the reseller company acts on behalf of the client, after the end of the trial the policyholder will receive a notice from the tax office. It will require you to pay income tax. The object for taxation is a fine and a penalty. Regarding our example, the situation is this: the company pays you 50 thousand, and in court takes 94 thousand rubles for itself. And you also pay a tax of 8,320 rubles (13% from 40 and 24 thousand). That is, your real benefit is not 50, but only 41,680 rubles. But for some reason, not all resellers are in a hurry to notify their clients about this.

If you decide to sell your insurance debt, follow these guidelines:

1. When choosing a reseller, remember that reliable companies do not enter into contracts on the day clients contact them. Damage can only be assessed after technical examination and calculations.
2. Beware of resellers who promise to pay the insurance premium in full.
3. Before signing the assignment agreement, make sure that it contains the phrase “monies received as compensation for damage.” This will likely save you from having to pay income taxes.
4. You cannot simultaneously issue a power of attorney and enter into an assignment agreement. There must be one thing.
5. You shouldn’t sell your insurance business immediately after a traffic accident. It is better to try to resolve the issue with the insurance company out of court. If the size or terms of payments do not suit you, then be sure to inform the insurance company that you will go to the end and will defend your interests in court, if not personally, then through a reseller company.

When we buy an insurance policy, we consider ourselves protected in case of unforeseen road situations. But as soon as you encounter bureaucratic delays and deliberate delays in resolving the issue, you simply give up. Especially if the car is vital, for example, to perform official duties. All this makes you think about selling insurance. Of course, the amount of lost compensation is sometimes quite impressive. But for those who consider time to be money, it is better to quickly and easily take the money and remove yourself from the legal red tape.

Redemption of accident insurance cases represents the transfer of the right to compensation to third parties. This is a good option to get money to repair your car almost immediately after an accident. The victim resells his rights to the insurance payment to a special organization. In this case, the insurer’s consent is not required, and the amount of payment is significantly reduced.

Selling an insured event and notifying the insurance company about it is possible immediately after an accident. The client receives money in cash or to his bank account, and no longer has the right to worry about the outcome of the case. There is no need to conflict with the insurance company over an adequate assessment of damages or to hire lawyers. Organizations that buy insurance cases do not bother clients with formalities and conduct transactions very quickly.

The client has the right to set the desired payment amount.

It should be taken into account

Selling an insurance claim is usually 10-30% cheaper than the predicted amount of compensation under the insurance policy.

In these relationships, as in any market relationship, bargaining is possible.

Selling an insurance claim for an accident is much easier than achieving a fair payment. The organizations that buy them are insurance professionals. They know how to properly influence insurance companies to get more than they paid out to the client.

How insurance claims are sold

Redemption of insurance claims for road accidents occurs in two legal ways:

• conclusion of an assignment agreement (full sale);
• execution of a power of attorney (representation of interests).

Automotive lawyers and various organizations make purchases mostly through cessions. This method gives them the opportunity to cut up to 30% of the insurance payment due to the client. During the process, a purchase and sale agreement is drawn up. The seller and buyer in this case are called assignor And assignee. This method is beneficial to the seller in that it exempts him from paying tax. Everything happens quickly: just one trip to the company’s office and to the notary is enough to draw up documents.

Executing a power of attorney does not transfer rights to the buyer, but only allows a third party to manage on behalf of the client. Formally, this is not a sales contract. The method is also called fictitious ransom. Buying out an insured accident under a power of attorney is good because the client has the right to claim 90% of his insurance. The buyer is interested in getting more money, so he negotiates with the experts. Such “cooperation” can increase the amount of compensation by 2 times.

The power of attorney does not exempt the client from paying taxes (13%). The actions are still carried out on his behalf, so any insurance problems in the future may affect him again.

Both methods are also bad because the insurance company is obliged to pay a fine of 20% and other penalties, which are unlikely to reach the client. In this situation, the car lawyer will receive much more than he invested.

Redemption procedure, documentation and legislative framework

Each client has the right to transfer his rights to insurance compensation for an accident to a third party. These relations are governed by a power of attorney or an assignment agreement on the assignment of the right of claim. It is worth remembering that the assignment is a civil contract that is not regulated by the law on consumer rights (clause 1, chapter 24 of the Civil Code of the Russian Federation).

The transfer of rights is regulated by Part 3, Art. 382 of the Civil Code of the Russian Federation. A ban on the sale of insurance is sometimes added to the CASCO agreement. Be careful when drawing up an insurance contract or trying to sell your rights (clause 2, article 382 of the Civil Code of the Russian Federation).

The sequence of actions when selling an insurance claim is short:

1. Confirm your vehicle license.
2. Obtain a certificate from the traffic police about the traffic accident.
3. Notify the insurance company of the occurrence of an insured event. This is usually done by the buyer. The notification has a prescribed form - .
4. Collect all necessary documents about the insured event and your right to compensation for losses. You can find a list of documents in case of an accident under compulsory motor liability insurance.
5. Conduct . Any party to the case has the right to do this.
6. Decide which of the obligations you want to formalize (power of attorney or assignment).
   When drawing up a cession, be careful about the text of the agreement. Make sure the buyer declares damages so you won't have to pay income taxes. Keep the document for 3 years.
   The power of attorney must indicate that all costs are borne by the buyer. The original must be kept for 3 years.
7. Take your funds. The insurance company no longer has the right to make claims against you.

It is important to remember that there must be only one contract. Never have two documents at once; combining them makes you the seller, but still retains ownership rights. This is a surefire way to sell an accident insurance claim with risky consequences.

When drawing up an assignment agreement, read Art. 389 of the Civil Code of the Russian Federation, which specifies the procedure for its conclusion. It is worth noting that it does not require notarization. Violation of the assignment obliges the return of all funds received and compensation for damage (Article 390 of the Civil Code of the Russian Federation).

The power of attorney has nothing to do with the sale. This is a written authority that is given to a third party so that he can manage the process on behalf of the client. This is stated in Art. 185 of the Civil Code of the Russian Federation.

The client submits all necessary documents to the company that purchases the insured event (Article 385 of the Civil Code of the Russian Federation). Documents required for sale:

• offense protocol;
• assessment protocol;
• passport details of both parties to the offense;
• driver license;
• documents for the car;
• insurance policy.

Buying out insurance cases for road accidents: reviews and practice

If you are involved in an accident and you are recognized as injured, and the collision meets all the criteria for an insured event, you have the right to claim full coverage. In words this picture is simple, but in reality the insurance company is capable of avoiding payments for months.

Without wanting to fuss with paperwork and quarrel with the insurance company, you have the opportunity to sell your problems to an organization that knows how to do this. Don’t trust companies that promise a 100% refund and are in a hurry to process everything.

A reliable organization gives time to assess the damage and a few more days to compare the expert’s opinion with its capabilities. At the office you were asked to draw up a purchase and sale agreement (assignment) or a power of attorney. Since the assignment makes it possible to receive money immediately, you signed up for it.

And what a surprise you will be when after a while you receive a notification for an amount 3 times more than what you received. The insurance company avoided it for so long that the court imposed fines and penalties. The amount would cover not only car repairs, but also home repairs. This is how auto lawyers get their money. But you were able to quickly fix the breakdowns in the car, and leave the showdown with the insurance company beyond your well-being. And this is in the best case, but by proxy a notice of 13% tax could have been received.

If you have any questions, you can ask them in the comments.