In modern practice, it very often happens that an insurance company tries to recover money from the person at fault in a traffic accident to compensate for the losses it incurred when paying insurance to the victim. This procedure is called recourse.

However, not every car enthusiast knows what to do in cases where this mechanism of law applies to them.

Does the insurer have the right to demand money from the person at fault for a traffic accident under compulsory motor liability insurance?

An exhaustive list of cases when the insurer has the right to present recourse claims to the driver who caused the car accident is presented in Article 14 of the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” dated 04/25/2002” as amended by Federal Law-N 223 dated 07/21/2014. The insurance company's claims for damages in any other situations will be illegal.

Let's take a closer look at all these cases:

• If the culprit of the traffic accident intentionally caused harm to the health or life of a person. For example, out of personal hostility, he hit a person or “rammed” another car;
• If the at-fault driver was under the influence of drugs, alcohol or psychotropic drugs at the time of the accident. It must be taken into account that if the state of intoxication is not documented or is appealed by the perpetrator in court, then in this case the insurance company cannot demand compensation by way of recourse;
• The at-fault car owner left the scene of the accident before registration;
• The driver who caused harm to people or property did not have a driver’s license, was not included in the auto insurance policy issued to a certain circle of people, or he did not have a compulsory motor liability insurance policy at all.

In addition to the cases described above, a recourse procedure is possible if the accident occurred in a place to which the MTPL policy does not apply.

The insurance company can apply recourse to persons who transport passengers (for example, taxis, minibuses) and become the culprits of a traffic accident without having a valid vehicle inspection certificate.

By the way, for vehicles used for passenger transportation, the diagnostic card is valid only for six months. In any other situations, the auto insurer should not apply recourse to the at-fault party. If a motorist falls asleep at the wheel and becomes the culprit of a traffic accident, then the recourse procedure cannot be applied.

Insurance company's claim against the person responsible for the accident

Pre-trial proceedings are usually carried out in case of subrogation under CASCO. The insurer, as a rule, does not immediately go to court with a statement of claim against the culprit, but sends him a written claim in which he demands to pay compensation for the damage caused voluntarily.

It is necessary to clarify that the person at fault in an accident may discover that the claim is sent to him only two years after the fact of the accident. But here it is necessary to understand whether the amount of compensation stated in the claim is justified and whether it makes sense to fight for your rights or whether it is easier to agree with the requirements of the insurance company and negotiate the terms of the installment plan. Typically, in such matters, insurers allow installment plans.

How should a claim be made?

Quite often it happens that the claim sent by the insurer to the person responsible for the accident is a letter that briefly describes the fact of the accident, names the regulations and presents the amount to be paid.

Such a claim cannot be considered justified, because mandatory documents must be attached to this document, such as:

• Documents confirming the amount of damage caused: a vehicle inspection report, possibly with the participation of a specialist, with a precise description and location of the damage. If available, an independent expert's opinion. Photographs confirming damage and repair costs must also be attached;
• Documents confirming guilt in committing a traffic accident - a certificate of accident from the traffic police, a resolution on an administrative violation or a court decision;
• Documents confirming the right to the recourse procedure - a copy of the vehicle registration certificate, a copy of the MTPL policy, a copy of the decision to pay insurance to the victim and documents confirming this payment;
• Other documents relevant to the case.

The insurer receives the right to initiate a recourse procedure only when it pays the insured amount to the victim. This means that the amount of money that the insurance company can demand from the perpetrator must not exceed the amount that was paid to the victim.

Important! If a person caused a traffic accident that resulted in damage to property or third parties, and was on duty at the time of the accident, then his employer becomes the object of recourse.

Procedure for filing a recourse claim

Qualified lawyers advise you to remember that both injured drivers and those responsible for the accident have legal rights. There are cases when the claims for compensation for damages presented by the insurer by way of recourse do not comply with the law.

Therefore, you should not be afraid to assert your rights in court. Let's see what recommendations are given by practicing lawyers.

Try to reduce the amount of claims

The legislator provides that even if the insurer has already paid compensation for damage caused to the injured motorist in an accident, the person responsible for the accident can challenge the amount of such compensation. This right is guaranteed by the Civil Code of the Russian Federation. The insurance company has the right to make recourse claims, the amount of which does not exceed the compensation actually paid to the victim.

In order to dispute the amount required by the insurance company, you need to conduct a very careful analysis of each of the documents referred to by the insurer. First of all, you need to study the vehicle inspection report and calculate the cost of repairs.

It must be remembered that since December 1, 2014, absolutely all experts participating in the auto insurance system have adopted a single mandatory standard according to which calculations are made of the amount of repairs for cars damaged in a traffic accident.

When calculating the cost of car repairs, a specialist must use uniform reference books on the cost of spare parts, materials and the cost of repair work. These directories were established by the Russian Union of Motor Insurers.

Also, when establishing the amount of damage, it is necessary to take into account the degree of wear of parts and mechanisms. Therefore, by double-checking all these documents, you can significantly reduce the requested amount.

Challenge the legality of the paid insurance amount

It is mandatory to conduct a qualified legal examination of the entire package of documents on the basis of which the insurer paid money to compensate for the damage to the motorist who was injured in a traffic accident.

To solve this problem, it is best to contact a competent lawyer who will not only advise what to do in this situation, but will also take care of the preparation of all the necessary documents. The cost of such auto lawyer services is much lower than the amount of compensation required by way of recourse by the insurance company.

A good lawyer can even prove that the insurance payments were not made in accordance with the law and, therefore, make the recourse procedure against the culprit of the accident impossible.

Dispute the guilt

Lawyers practicing in the field of insurance law often use such tactics. And it is worth admitting that it is quite effective, because in a huge number of road accidents the fault of motorists was still mutual. Often, during the examination it is determined that the driver who was found guilty of an accident is not actually at fault.

That is, when the insurer sends a claim containing information that the car owner is at fault for the accident and provides a reference to the protocol on the administrative offense and to the certificate of the accident drawn up by the traffic police, then the car lawyer will challenge his guilt in court.

From the above it follows that upon receipt of a written request from the insurer to pay money in its favor towards the damages compensated to the victim, you should not pay immediately. According to statistics, in 90% of cases, experienced motor vehicle lawyers are quite capable of reducing the amount of recourse.

Lawsuit with insurance

Firstly, you need to protect your rights, you should not let the situation get out of your control. You must be present at every court hearing, because otherwise, the judge may make a decision without your participation and satisfy the insurer’s demands, even if you have evidence that they have no basis. Don't forget this.

Secondly, you need to be well versed in the legislation that governs relations in your matter. This often requires the advice of a qualified legal practitioner. Practice shows that the participation of an experienced specialist in a case helps not only to reduce the amount of payment, but even in some cases to challenge it in full.

How to avoid recourse under compulsory motor liability insurance

Any motorist must know that thorough compliance with the Traffic Rules and current legislation will help prevent situations in which the insurer will obtain from him recourse payments for damages to the injured party.

You should definitely be careful about your documents. Responsibility for their availability and compliance with the law rests solely with the motorist.

Every driver needs to remember:

• Systematically check the validity period of your driver's license. After all, an expired document is equivalent to the absence of such a document;
• Independently monitor the validity period of your car insurance policy;
• Do not drive a car if the policy has expired or you are not included in the MTPL policy.

It is important to remember that you should not drive while intoxicated. And do not underestimate the effect of even a small amount of alcohol on a person’s condition.

The insurance company can demand compensation for damages from the culprit of the accident in two ways.- by way of recourse or subrogation. In both cases, articles of the Civil Code of the Russian Federation apply (1081 and 965, respectively). In the case of recourse, the claim is based on compensation for damage under the MTPL policy, and in the second case - under the CASCO insurance contract. The algorithm remains unchanged. The insurance company first makes the payments itself, and then recovers the money from the client through the court.

Let's consider when the insurer has the right to demand compensation for losses, what the possible consequences are, and what the differences are between subrogation and recourse.

Deadlines for sending notices

In practice, there are situations when the insurance company demands compensation for damages for an accident not immediately, but after a certain time period after the accident. For example, the insurer contacts the culprit after two and a half years. To avoid problems in the future, the car owner is advised to keep and not throw away the accident papers for three years (the limitation period). According to the law, it is during this period that the insurer has the right to contact the client with a demand to return the previously paid amount.

If the notice has arrived, there is no need to panic or take extreme measures (sell real estate, borrow money, and so on). The difficulties that arise can be easily resolved with a competent approach. This requires the help of a lawyer who assesses the current situation and suggests ways out of the situation. A legal expert assesses the likelihood of winning in court and protects the client’s interests.

The car owner must immediately decide whether he agrees with the insurer’s requirements or not. In case of a negative answer, filing a claim and proceedings in a judicial body cannot be avoided.

Reasons

The task of any insurer is to generate income and find any way to avoid fulfilling financial obligations. The company’s desire to return the funds spent is easy to explain (especially if there are legal grounds for this). In this case, money can only be claimed from the guilty party.

Car owners faced with such a situation are interested in the legality of the insurer’s actions. According to the law, there are only two ways when the insurer has the right to demand the return of funds paid:

1. Subrogation- the right of the insurance company serving the culprit of the accident to demand from the client money transferred as compensation for damage to repair the vehicle. The possibility of subrogation appears after fulfilling financial obligations and transferring the required amount. In other words, the injured person received compensation and has no claims against the other party to the accident. The insurance company receives the right to claim the transferred amount. Similar circumstances are typical if the culprit has a CASCO (voluntary insurance) policy. Damage must be compensated according to the terms of this agreement.
2. Regression- an equally common term found in the field of insurance services. The insurer, as it were, punishes the culprit for a crime that takes place on the roadway. The onset of regression is possible in several situations. Common reasons are driving a vehicle without a power of attorney, the driver not being included in the MTPL policy, intentionally causing an emergency on the road. The requirement for recourse is also possible in other circumstances - when the culprit is hiding from the scene of an accident or the driver is intoxicated (under the influence of drugs, alcohol or other means).

The agreement with the insurance company often specifies the reasons why the insurer has the right not to make payments. These paragraphs discuss situations that do not relate to insured events. In other words, the policyholder under compulsory motor liability insurance violates the terms of the issued policy, therefore the insurance company disclaims responsibility and demands the return of previously paid funds. As a result, the task of covering the damage passes to the guilty party.

Case from practice

After an accident, the insurance company demands compensation for damage, although two years have passed since the accident. During the accident, the property of a third party was damaged, so the insurer paid the required amount under CASCO, but is now trying to return it. At the time of the accident, the guilty party had a compulsory motor liability insurance contract, therefore, according to the terms of the policy, the insurer must pay the injured party 0.4 million rubles. If the amount of damage exceeds the specified limit, the insurance organization transfers only 0.4 million, and the remaining amount falls on the shoulders of the guilty party.

At first glance, the situation is clear. Difficulties arise when there are two or more culprits in the accident. A similar problem is typical in the absence of an identified culprit, when two people are involved in an accident, but the guilt of neither of them has been established. For example, drivers collided with each other due to icy conditions on the road.

In such circumstances, each insurer protects the interests of its client and acts in its own interests. No one is eager to fork out money, so the case is referred to the judicial authority to determine the true culprit of the incident (if, as a result of disputes, it was not possible to establish him).

Insurance companies have extensive experience in such cases and employ a staff of lawyers who know the loopholes of insurance legislation. This is why it is difficult for a car owner to defend himself without appropriate support. The best way is to immediately contact a lawyer and entrust him with the work of protecting your interests in court. Only an experienced person can understand the current circumstances and suggest the best ways to eliminate difficulties.

Consequences for the defendant

Let's consider a situation where an insurance company filed a claim with a judicial authority demanding the return of the previously paid amount. The car owner (defendant) faces the following consequences:

• the person returns the full amount to the insurer;
• the culprit transfers less than the requested amount of funds;
• The defendant does not return the money at all.

The second and third points are of greatest interest to the defendants and require detailed consideration. This result is possible if an experienced lawyer is involved. Many people skimp on lawyers, but as a result they lose the case and pay an even larger amount. The insurers' demand for a refund of the paid amount is a case when it is impossible to do without the help of an experienced expert.

Lawyers know the nuances of the insurance company’s work, know how to get around “sharp corners” and help debtors quickly get rid of the problem that has arisen. There are situations when the insurance company demands more than the required amount. Sometimes insurers abuse their position and can use different ways to generate income:

1. Indication of false information in documents.
2. Correction of information.
3. The threat of the need to compensate the costs of the judicial authority.

The insurance company has many tools at its disposal that allow it to put pressure on car owners and get the desired amount. The lawyer’s task at this stage is to carefully study the client’s case, ensure the authenticity of the information transmitted, and study the results of the examination (the involvement of an expert is required). In many cases, legal support guarantees the protection of the interests of the car owner. Under favorable circumstances, lawyers achieve partial coverage of the claim or denial of satisfaction.

The above indicates what to do when the insurer goes to court to demand compensation for damage. The main thing is to maintain participation in the process and not let things decide themselves. Even in the absence of grounds for withholding funds, the car owner needs to protect personal interests and provide appropriate evidence. The presence of a written notice of filing a lawsuit is an indicator that prompts the policyholder to take a set of actions, including hiring a lawyer.

The absence of a defendant in court increases the insurer's chances of winning and recovering damages. For example, a car owner is confident that he is right and knows that he does not owe anything to the insurance company. He counts on the adequacy of the judicial body and its ability to independently understand the situation. As a result, the person ignores the notification and does not come to meetings. Under such circumstances, you can be confident that the claim will be satisfied by the judicial authority.

The only salvation is to challenge the decision of the judicial authority, but this will take more time, effort and money. That is why you cannot delay the process - it is important to act immediately and protect personal interests.

What to do if you recently pleaded guilty

There is a common situation in life when a car owner gets into an accident, is the guilty party, and the victim has a CASCO policy at his disposal. The second party received cash payments and, it would seem, no one has any complaints. But this is no reason to relax. The Investigative Committee has three years to file a claim. To avoid difficulties in the future, you need to take the following steps:

• come and personally be present during the vehicle inspection process (it is better to take with you an independent expert who is ready to express his personal point of view);
• learn about the results of the insurer's calculations.

The insurance company often specifically increases the cost of damage to the injured party's car. At the same time, in practice, a car is repaired at minimal costs through a partner service. Subsequently, the person receives the bill, realizing that it is impossible to repay it. This is why the presence of the car owner at all stages of the calculation is key. This ensures control and absence of deception.

Benefits of legal assistance

In previous sections, the benefits of involving lawyers have been repeatedly noted. An experienced lawyer studies the case and then chooses an appropriate defense strategy. In practice, there are several options:

1. Reducing the amount of damage in an accident. If the insurer pays money to the injured party or policyholder, the culprit has the right to demand a change in the amount of payments. The insurance company may request compensation for damages provided that the calculations are made correctly. In other cases, the organization's actions are unlawful.
2. Appealing the legality of claims. Under such circumstances, a lawyer studies the documentation of the case used to extract funds from the car owner. If there are errors or absence of any papers, the IC's demand is illegal. The insurer loses the right to demand payment of damages from the person responsible for the accident.
3. Changing the status of the defendant. Sometimes lawyers undertake to appeal the guilt of a participant in an accident who was initially found to be the guilty party. If the Investigative Committee assures that the defendant is guilty, the latter has the right to prove the opposite and protect his interests in this way.

The success of the event depends on many factors, from the documentary base to the experience of the lawyer involved.

Beware, scammers

In recent years, a situation has become common when the policyholder demands coverage for damage in an amount exceeding the amount of damage. At the same time, the IC transmits suspicious calculations for examination. Engaging a lawyer allows you to challenge such results in court or in pre-trial proceedings. Therefore, there is no need to rush to pay the invoice for the submitted claim. If you have doubts about the reality of the repair amount, it is important to understand the papers containing the necessary information and check the veracity of the calculations.

When studying calculations, it is important to take into account the following points - compliance of the work performed with the level of damage, the presence of unnecessary parts in the list, repeated recording of the same operation, the cost of an hour of work, and so on. Errors are possible in all of these components. Sometimes insurance companies go even further - they falsify documents, counting on the incompetence of the defendant. In this case, you will need the help of a lawyer who is ready to bring the deceivers to the “clean water”.

Results

If the insurance company demands compensation for damage, the best solution for the at-fault party is to immediately contact a lawyer. A specialist studies the situation, develops the right strategy and helps you get away from financial obligations.

Indicates that the insurer, which has provided compensation to the victim under the insurance contract, transfers the right to claim the amount spent from the culprit of the accident. That is, after the insurance company has paid the victim for car repairs or paid monetary compensation, it may demand that the culprit compensate her for the damage and pay this amount.

The right of recourse (recourse) by the person who compensated for the harm to the person who caused it is formulated in Art. 1081 of the Civil Code of the Russian Federation.

A recourse claim from an insurer is an unpleasant situation. On what grounds can the insurer make such a claim?

In what cases does it happen?

Article 14 of the Law “On Compulsory Motor Liability Insurance” provides an extensive list of grounds on which a claim for damages may be made. This is the intentional commission of an accident, the state of intoxication of the guilty driver at the time of the accident, the expiration of the vehicle diagnostic card at the time of the accident, etc.

Since we are talking specifically about the Europrotocol, we are mainly interested in point “h”. It talks about a situation where the culprit began repairing or disposing of his car without waiting for the required 15 days to pass, and/or did not submit his car for inspection and examination at the request of the insurer.

Find out more about what the culprit of an accident should do after drawing up the Euro Protocol, as well as the consequences of his incorrect actions.

From the video you will learn in what cases the insurance company has the right of recourse against the culprit of the accident:

How much can an insurance company recover from the person at fault for an accident?

The insurer may demand from the tortfeasor the amount directly spent on compensating the damage to the victim, plus those amounts that were additionally spent (on conducting an independent technical examination, conducting an insurance business, etc.).

That is, you will have to reimburse the amount actually paid by the insurance company for repairs, plus several thousand more for additional expenses of the insurer.

How to avoid it and is it possible not to pay?

How not to pay recourse to the MTPL insurer is a very pressing and frequent question among car enthusiasts. Many people receive claims from the insurance company demanding payment quite a long time after the accident, when they have already forgotten about what happened. Car enthusiasts insist that there is very little information about paragraph “g”, which is the basis for most of these requirements, and that not everyone knows the laws.

Well, indeed, the demand for recourse can be unexpected and even shocking. However, established judicial practice suggests that it will not be possible to challenge such a requirement. It's legal. If you do not have confirmation that you submitted the Europrotocol to the insurance company on time, then you will have to pay. That is why the Bank of Russia asks the insurance company to bring this information to vehicle owners.

There is no point in filing a lawsuit if the recourse claim is justified: in addition to everything else, you will also have to pay legal costs. It is best to settle the case out of court.

How to avoid recourse under OSAGO and not spend extra money (after all, you may need it to repair your own car if it was also damaged in an accident)? The only way is to be careful and strictly comply with the requirements of the Law “On Compulsory Motor Liability Insurance”. That is, promptly send your copy of the accident notice to the insurance company and do not begin repairing your car until 15 calendar days have passed.

What happens if the insurance company demands compensation for the damage, but the culprit does not have the money?

Pre-trial, you can try to agree with the insurance company on an installment plan.. Often the insurer will accommodate the claim and the amount of the recourse claim can be paid not immediately, but over several months in installments.

What to do if you do not agree with the amount requested? The insurer must provide you with all the documents (inspection report, technical examination report, photographs of the car damaged in the accident for which you are at fault). If they were not provided to you along with the claim, send a valuable letter to the insurer and demand that they provide everything necessary.

Then, with these documents, you can go to an independent expert and ask him to check how real the numbers were told to you. If they are too high, contact the insurance company and demand a reduction in the amount based on the conclusion received.

If the amount is real, then it is better to pay. If you don’t pay the recourse, then the insurance company will go to court, which will oblige you to pay the amount of the claim. If the requirement is not met, bailiffs will intervene.

To summarize, we can say that in the event of an accident, there is a certain risk of claiming recourse under OSAGO. If, on the basis of Art. 14 of the Law “On Compulsory Motor Liability Insurance” (OSAGO) has already sent you a claim from the insurance company for compensation of losses, then the optimal solution is to pay the damage, and in the future remember the requirements of the law and comply with them.

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  The insurance company may demand that the person at fault for the accident be reimbursed for the funds it spent on compensating the victims. In what cases is such a requirement possible and what needs to be done - this is discussed in detail in this article. Since no motorist is insured against emergency accidents on the road, the information presented here will be useful to everyone, and not just to drivers who have already received a claim for compensation from the insurance company.

  Before moving on to the instructions, which will be a direct answer to the question “what to do?”, it is necessary to understand the indirect questions.

  1. In what cases does the insurance company have the right to demand compensation for losses from the culprit of the accident?
  2. Can an insurance company cheat when making a claim?
  3. What is the difference between subrogation and subrogation?

  It is also necessary to approach the phenomenon in detail - the insurance company's demand for compensation from the person at fault for the accident - to provide several examples for clarity and to provide comprehensive information regarding the identified problem. We will exclude the use of legal terms in the article, we will also neglect to provide references to resolutions, acts and other legal documentation, and in simple and understandable words we will try to dig into the root of the problem and point out all possible ways to solve it.

  When can a notice of a demand to pay money arrive?

  The claim can be sent to the culprit in the accident either a short time after the accident, or after a decent period of time, for example, after 2.5 years. It must be said right away that in order to avoid any troubles, you need to save documents about the accident in which you were at fault for at least 3 years (this is the expiration date for filing a claim). The amount that an insurance company can demand, without exaggeration, can be shocking. But don’t panic, despair and plan to sell your property or go into debt. You need to approach the problem calmly; it is recommended to consult a professional lawyer so that he can assess your chances of success in challenging the claim in court. And, you need to understand in advance that if you do not agree with the demand put forward by the insurance company, you will not be able to do without a trial.

  On what grounds does the insurance company demand compensation for damage?

  Any insurance organization is interested in making a profit and is looking for any clue to replenish its capital. It is logical that the insurance company wants to receive the funds that it spent, according to the agreement with the insurer (the injured party), to compensate for damage to the property of its client. And, of course, she can only demand money from the person responsible for the accident. But is such a requirement always possible and legal? No. There are two cases in which the insurance company of an injured person can demand compensation for damage from the culprit of a traffic accident, as a result of which the property of its client was damaged: the first is recourse (collection under the MTPL policy) and the second is subrogation (if the injured person has CASCO insurance) . Now let's understand these two terms.

  Subrogation represents the right of the insurance company of the injured person to demand from the culprit of the accident the funds that it reimbursed its client for the insured event for car repairs. This right is transferred to the insurance organization after it has made payments. This means that the injured driver has no claims against the culprit of the emergency on the road and he, one might say, transfers his right to demand funds from the culprit to restore his car to his insurance company. This situation occurs only when the victim’s car has a CASCO insurance policy and damage to the car is compensated under this policy.

  Regression (or regression) is a kind of punishment for the culprit of an accident for a crime committed on the road. Regression may occur in cases where the culprit:

  • used a vehicle without a power of attorney;
  • is not included in the compulsory insurance policy at all;
  • intentionally caused an accident and caused damage to third parties;
  • did not have a driver's license with him;
  • was under the influence of alcohol or drugs;
  • fled the scene.

  In the insurance contract you can find clauses when insured risks do not occur; these clauses contain the cases listed above. That is, it turns out that the person whose auto liability is insured does not comply with the terms of the contract, and therefore the insurance company declines responsibility for compensation for damage caused by its client to the victims and, of course, this damage will be compensated from the pocket of the culprit of the accident .

  An example of a situation with a claim for damages

  Two years ago, a motorist with a compulsory motor liability insurance policy became the culprit of an accident in which the property of a third party was damaged. The insurance company of the victim, under the CASCO agreement, compensated the client for the damage. After this, the victim’s insurance company has the right to demand from the culprit of the accident the funds that it spent on compensation for damage to the property of its client.

  Since the culprit of the accident had a compulsory motor liability insurance policy at the time of the incident, according to the contract, his insurance company is obliged to compensate the injured person up to 400 thousand rubles. If the amount of damage caused to the victim’s property exceeds this amount, then the insurance company will cover only 400 thousand, the rest will be paid by the culprit of the incident from his own pocket.

  It would seem that everything is simple and clear, but such a situation can become more complicated when there are several culprits in an accident, when the culprit is not identified, when the accident has only two participants and none of them is to blame (for example, an accident due to ice). Then each of the insurance companies begins to act in the interests of its client and its own, but, as we know, no one wants to pay. The case is sent to court to determine the real culprit of the accident (if he has not been identified or the situation is controversial). Automotive lawyers who have been practicing for many years are well acquainted with unimaginably complicated cases in which the outcome was far from self-evident. Therefore, the best advice that a person who finds himself in a situation where the insurance company is demanding compensation from him can receive is to transfer his case to a lawyer immediately and trust him in further proceedings. Only a professional can truly understand a specific situation and give the right path to solving the problem.

  The editors of this blog would like to help many motorists solve their problems and answer specific questions, but this is impossible, and, moreover, trying to do this can cause harm, and this is not in our interests.

  The Investigative Committee filed a lawsuit against the culprit of the accident - what are the consequences?

  The consequences may be as follows, the culprit:

  • gives the requested amount of money in full,
  • gives less than the requested funds,
  • does not give money to the insurance company at all.

  The last two cases are the most interesting and desirable; they can only be achieved through your defense in court with the involvement of a professional lawyer. You should not waste money on consulting a lawyer, you should not succumb to prejudices and think that contacting a law office will not give better results.

  Lawyers are well aware of the intricacies of the work of the insurance company, they are aware of the cunning manipulations that such organizations go to in order to obtain from the culprit of an accident more funds than he owes by law, if anything at all.

  Some insurers behave like real scammers, they may go to the following measures to make a profit:

  • indicating false information in documents,
  • falsification of information
  • intimidation of payment of legal fees.

  There are a lot of tricks on the part of insurers and they are known to experienced car lawyers, and the latter find measures to restore justice. Engaging a specialist to find out your chances of evading payment of the required amount implies that the lawyer will familiarize himself in detail with the details of the case, check the authenticity of the data presented, study with the involvement of an independent expert the results of the assessment examination conducted by the Investigative Committee, and so on. In short, in most cases, legal assistance ensures, if not a refusal to satisfy the insurance company’s claim, then its partial satisfaction, which will be beneficial for you.

  What not to do when receiving a claim for damages

  The most important thing not to do is to let things take their course. Rest assured, if you are not going to protect your interests, no one will take care of you in any way, even if you are not obligated to pay the funds at all. Receiving written notice of a claim for damages should be a signal to take action.

  Your failure to appear in court can easily result in a claim from the insurance company. Let’s say you are sure that you are not obligated to pay anything, you see the demand as completely absurd and you are sure that the insurance company is confusing something and when the case comes to court, they will sort it all out, so you decide to ignore the notice and do not attend the trial. In this case, be sure that the court will satisfy the claim. And in order to challenge the court’s decision after the court hearing, you will have to spend much more effort, time and money.

  Therefore, as soon as you receive a notification that the insurance company is demanding compensation from you, immediately begin preparing to protect your interests and first contact a lawyer.

  What to do if you have recently been involved in an accident?

  You became the culprit of an accident, the victim of which has a CASCO policy, he received compensation and, it would seem, everyone is happy. Make no mistake, because the victim's insurance company has three whole years to file a claim against you. To protect yourself from problems in the future, it is recommended to: attend the inspection of the victim’s car (preferably with your independent expert), familiarize yourself with the results of the calculations carried out by the victim’s insurance company. The insurer can deliberately inflate the cost of damage to the victim’s car, repair his vehicle “on the cheap” at a partner service station, and then present you with a bill that will make your eyes pop out of your head. Therefore, presence at all stages of calculating insurance compensation is very important.

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 of the Civil Code of the Russian Federation, to the insurer who paid the insurance compensation, within the limits of the amount paid, the right of claim that the policyholder (beneficiary) has against the person responsible for the losses compensated as a result of insurance is transferred.

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. The cost of restoration repairs amounted to, say, 300,000 rubles (in the practice of our company, 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 auto technical, traceability and auto merchandising examinations.

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.