Quite often there are situations when during the accident the culprit of the accident has no CTP policy. After the accident, it turns out that the owner of the injured car has a CASCO, then the perpetrator of the accident sighs with relief, because the insurance will pay all the damages to the injured party.
A year or two after the accident, the accident initiator may receive a letter from the insurance CASCO, which paid the losses to the injured party, with a request to recover the costs. Such a claim was called "subrogation." The value of “subrogation” falls under the regulation of Article 965 of the Civil Code of the Russian Federation and implies that insurers have full grounds for the return of funds paid to the client from the person responsible for the accident. In a letter before the trial, the insurance company provides an opportunity to pay damages voluntarily. An experienced lawyer on the part of the debtor can agree on installment payments, or even reduce the amount of debt. The claim on the part of the insurer must be properly executed and contain a full package of necessary documents, otherwise the requirement will be unreasonable.
Required documents to be provided by insurers:
- a document that indicates the cost of damage (an examination certificate of the transport with a description of the damage and original photographs, a calculation of the repair and a payment document);
- a document confirming the degree of guilt in the accident (a certificate of the incident, a ruling on a violation or a court order);
- a document that gives the right to a claim (a copy of the policyholder’s statement about the time of the insured event, a copy of the vehicle’s TCP, a copy of the policy and a payment document).
Adequate insurers do not welcome unnecessary litigation, since it is more profitable to switch your attention to other clients.
If it came to court, first of all, you need to pay attention to the timing. It is necessary to know that any case has a deadline for filing a claim for subrogation, from the moment of an accident within three years. But even if the KASKO officers appealed to the court later, it does not mean that they will be denied the lawsuit. In most cases, in the absence of the initiator of the accident, the court rules in favor of the insurance.See also: Frequent breakdowns in Mazda 3 MPS
To use the provision of the law in your favor, you need to declare this in court before the ruling. When submitting documents to the court, insurance companies sometimes ask for an inflated amount of damage. In this case, the debtor needs to verify all documents provided by the claimant.
The following matches are checked in this situation:
- Do not appear extra parts;
- whether repair work was performed that did not correspond to damage;
- maybe one spare part purchased several times;
- Does the price correspond to the actual cost of the parts?
A competent expert in court will easily dispute the inconsistencies found, which will help to significantly reduce the amount of damage.