Recourse claim against the perpetrator of the accident. Regression of the insurance company to the culprit of the accident on OSAGO Regression from the insurance company how to avoid

OSAGO is not only an obligation and waste. No matter how many tons of bile are poured onto an auto citizen, it has one fat plus - it compensates for the damage caused to drivers and pedestrians injured in an accident. But for the culprit, not everything is so simple. In this whole story, he can easily become a “scapegoat”, even if he admits his guilt and goes to file an accident without police officers.

One of the schemes for “divorcing” drivers is the presentation of a recourse claim. Like, they violated the law - reimburse the costs of paying compensation to the victims! And the beauty is that the SC will use regression even when the reasons for its use are “far-fetched”! How to be? We arm ourselves with the law, focus our attention and crush the hopes of the insurer to bring recourse to the culprit under the European Protocol.

Right to recourse

If the matter went to court

As soon as you refuse to pay voluntarily, the insurance company will not hesitate and will soon sue you for sure. Decisive action is the key to your success. In fact, the strategy of behavior will not differ from the steps in pre-trial settlement in a claim procedure. After receiving a copy of the claim, you must:

1. Examine the claim and find its justification - how the UK argues for the need to recover damages in recourse.
2. Determine if such a claim is justified. Did the insurer have legal grounds to file a recourse? Check the statute of limitations. If they have expired, declare in court about their application and the need to dismiss the claim.
3. Before the first meeting, draw up an objection to the claim in free form and send it to the court. Indicate that all the requirements of the law on your part were fulfilled - the notice was sent or personally handed over to the UK on time, the car was not repaired, there were no requests for inspection of the vehicle. If the European protocol was not sent on time, refer to good reasons - the illness of a close relative, an urgent business trip, the loss of your copy of the notice, other reasons beyond the control of the driver.
4. If you do not agree with the amount, send a request for the appointment of a forensic examination of the amount of damage caused.
5. If the decision is not in your favor, but you insist that you are right, try to challenge the recourse under the European Protocol, both on appeal and in cassation. If justice could not be achieved on your own, we recommend that you involve the case in order to successfully resolve the case.

Chances of Success

In recourse disputes, the outcome of the case always depends on the specific circumstances and the position of the court. More often than others, the basis for recourse is paragraphs. well paragraph 1 of Art. 14 of the Federal Law “On OSAGO”, that is, failure to send a notice of an accident to the insurer on time. Under such circumstances, the judicial practice on recourse under the CMTPL European Protocol is unambiguous - the courts take the side of the insurers. As examples:

• the decision of the justice of the peace of the court district No. 27 of the city district "city of Yuzhno-Sakhalinsk" in case No. 2-9 / 2016 dated 12.01.2016;
• decision of the justice of the peace of court district No. 1 of the Kogalym judicial district of the Khanty-Mansiysk Autonomous Okrug-Yugra in case No. 2-434-1701 / 2018 dated 03/29/2018;
• the decision of the justice of the peace judicial district № 99 St. Petersburg Zaburko E.GN. in case No. *****/2018-99.

However, there are also examples of positive decisions for drivers. For example, the Butyrsky District Court, in its appeal ruling of August 23, 2017 in case No. 11-0156 / 2017, recognized that failure to send a notice may not be a basis for recourse if both drivers who drew up the European protocol are insured by the same insurer.

For other grounds for recourse, everything is not so clear, and judicial practice is insignificant. And therefore, it still depends more on the desire and perseverance of a particular driver.

Here is an example: it would seem that the failure to provide a car for inspection by the perpetrator of an accident makes recourse claims a priori legal? An-no, only if the requirements for the provision of a vehicle were sent to the driver in writing within the first 15 days, and the insurer can prove this (decision of the justice of the peace of the judicial district No. 20 of the Efremovskiy judicial district of the Tula region in case No. 2-178 / 17).

Summary

A successful outcome in disputes with insurers can never be guaranteed. There is a variety of judicial practice only in cases where the basis for recourse is paragraphs. g) paragraph 1 of Art. 14 FZ "On OSAGO" . But since it is canceled, the relevance of the issue is gradually lost. The rest of the grounds appear many times less often, and therefore the success of the lawsuit will depend on the specific circumstances of the case and the perseverance of the insured. And therefore, summarizing all that has been said, we can only wish you good luck, you will need it!

Last update: 08.12.2019

Recourse is the right of the insurer, who made the payment, to claim back against the person who caused harm. About when the insurance company has the right to demand the recovery of damages in the order of recourse under OSAGO from the culprit of the accident and how to avoid it, read in this article.

What is regression

In fact, a recourse requirement is a rule of law that relates to the insurance and financial areas. The person or organization that compensated the damage caused has the right to demand that the perpetrator compensate them for the costs.

This rule is usually used by insurance companies, recovering the money paid from the perpetrators of the accident. A direct claim directly to the court is an integral part of the recourse.

The possibility of a recourse claim is limited to the amount paid by the company. An amount higher than that which was transferred on a direct demand cannot be recovered. However, the insurance company, in addition to the direct costs of paying compensation, may also require payment of compensation for those losses that it has incurred, for example, to pay for the services of a representative, or to involve an expert in court, or when considering an insured event.

Such compensable losses may be incurred as a result of travel to another city, the involvement of a specialist or a lawyer on a contractual basis. This compensation may be recovered in court in addition to recourse claims.

Features of recourse on OSAGO

The right of a recourse claim by an insurance company against the perpetrator of an accident has many specific features arising from the conditions for the emergence of a recourse claim. These signs include:

• the possibility of recovering damages in the order of recourse under OSAGO from the perpetrator of the accident only after compensation of the insurance payment to the victim;
• recourse of an insurance company under OSAGO is possible to the counterparty who has concluded such an agreement, and not to another person;
• the right of recourse does not prevent the victim from claiming compensation from the guilty person in terms of losses exceeding the insurance indemnity;
• the amount of the recourse amount cannot exceed the amount of the payment under the OSAGO policy.

It should be understood that the right to a recourse claim does not give confidence in receiving the required amount, since the guilty person can always try to challenge such a claim in court, reduce the amount of damage and even avoid recourse.

It must be understood that the right of the insurer, enshrined in law, to file a claim with a recourse requirement is a right, but by no means its obligation. The insurer may not exercise this right.

Regression and subrogation - similarities and differences

In Russia, regression and subrogation are not identical concepts, although they have many common features. They are even governed by different rules of law. The concepts are similar, but the mechanism is completely different.

In case of subrogation, the damage caused to a person by the actions of the perpetrator must be compensated by this perpetrator, or by the insurance company that insured his risks. Accordingly, the culprit compensates for the losses not covered by the OSAGO policy to the insurer of the victim.

Example: Two drivers A and B. had an accident. At the same time, driver A has a CASCO policy, and driver B. has an OSAGO. The driver B. with the OSAGO policy is to blame for the accident. A.'s damage was estimated at 450,000 rubles. The insurance company of driver A. fully reimbursed him for the losses, and applied to B.'s insurance company for expenses. Under the OSAGO policy, the company of driver B. reimbursed 400,000 rubles, as required by law. and the remaining 50,000 rubles under subrogation were paid by the culprit of the accident B.

And with recourse, one obligation is simply replaced by another, while the right does not transfer anywhere. In the event of a recourse, the person responsible for the accident must reimburse his insurer for the costs incurred in the form of the paid insurance indemnity.

Example: Driver A., ​​who has an OSAGO policy, hit the car of driver B., after which he fled the scene of an accident. The culprit of the accident is driver A. The damage caused to driver B. is 150,000 rubles. The insurance company of driver A. paid the losses to driver B., after which the insurer, according to the law, had a recourse claim against driver A., ​​who fled the scene of an accident. Driver A. reimbursed the insurance company 150,000 rubles in court.

It is clear that a recourse claim can be made by the insurance company of the person injured in the accident, and with ubrogation- the insurance company responsible for the accident. Penalties occur on various grounds and claims are made against different categories of drivers. At the same time, in both cases, losses are recovered from the perpetrator of the accident in a judicial proceeding.

When can they issue a regression

Recovery of damages in the order of recourse under OSAGO from the perpetrator of an accident is one of the most famous cases of such a claim.

As a rule, the cases in which an insurance company can apply for a claim for a cash payment in recourse are as follows:

• harm to the life and health of the victim the culprit caused intentionally. If it is possible to prove in court that the accident was committed as a result of intent, then the insurance company has the right to demand a monetary payment from the person whose guilt has been established;
• if the person who caused the harm was in a state of intoxication, which can be alcoholic or narcotic. In addition, intoxication can also be toxicological. In this case, the state of the perpetrator must be confirmed by a medical report and examination, and not only by the testimony of witnesses, and they can be attached both by the plaintiff and the defendant;
• the driver refused to pass, at the request of the traffic police officer, a medical examination to establish intoxication;
• if the guilty person who caused the harm does not have a driver's license, or for some other reason could not (more precisely, did not have the right) to drive the car on which the accident was committed, the insurance company will have every reason to make a claim in the recourse order;
• if the guilty person fled after the accident and left the scene of the accident. In this case, the insurance company is obliged to prove this fact, which must be confirmed not just by a protocol, but by specific information that the driver who left the scene of the accident is held accountable.
• the culprit is not included in the OSAGO policy as a person authorized to drive a vehicle (except for the case when the OSAGO agreement is issued for an unlimited number of persons who have the right to drive);
• the insured event occurred after the period for which the OSAGO policy was concluded (when concluding an OSAGO agreement for a specific period);
• CMTPL recourse Europrotocol - the culprit of the accident did not send the accident notification form to the insurer within 5 days (if the accident was registered in the absence of the police). Important! This rule worked until May 01, 2019. I.e if the fact of non-notification is after May 2019, then the insurance company will not have the right to recourse ;
• recourse for failure to provide a notice of an accident - the culprit started repairing the car before the expiration of 15 calendar days from the date of the accident;
• the culprit did not present, at the request of the insurer, a car for inspection;
• at the time of the accident, the vehicle diagnostic card expired.

A pedestrian may also be involved in an accident. But under no circumstances can the insurance company declare recourse to him.

See the video for some more options for the occurrence of regression:

Consider the most common reasons for setting regression in more detail.

The absence of a guilty person in the OSAGO policy

As you know, the OSAGO policy must indicate the persons who are allowed to drive this vehicle. There are cases when a policy is issued with the ability to drive a car by any person, without restrictions, but this is more an exception than a rule. Usually, an OSAGO insurance policy contains a list of those persons who are allowed to drive a car, indicating their full data, including information about driver's licenses.

If the driver of the car, through whose fault the accident occurred, was driving the car, not being included in the OSAGO policy as a person who is allowed to drive the vehicle, and damage was caused as a result of the accident, then the insurance company will have the right to claim back the damage caused to to a person not included in the insurance.

Sometimes insurance companies refuse to reimburse, referring to the fact that the guilty person is not included in the OSAGO policy. This decision is illegal!

It should be understood that the absence of a guilty person in the OSAGO policy does not in itself entail a denial of insurance payment on this basis. The law (Article 15) states that the OSAGO contract insures the risks of the insured himself, another owner, as well as other persons using the car legally.

If the culprit of the accident is not included in the policy, the insurance company has the right to present a recourse, and not to refuse the insurance payment. Such a refusal can be appealed with references to the current legislation on compulsory insurance.

OSAGO validity period

In addition to the restriction on the circle of persons, the OSAGO policy also contains a restriction on the duration of its validity, more precisely, on the use of the vehicle within the established period. The expiration date of the OSAGO policy is indicated in it as a specific date after which the policy is considered terminated.

And if the driver, indicated in the insurance as a person authorized to drive a vehicle, drove a car after the expiration of the OSAGO policy, the insurance company again has the right to recourse claim against the culprit of the accident, whose insurance is overdue.

Limitation period

For recourse obligations, the general limitation period - three years, and it begins to flow from the moment when the main obligation of the insurance company was fulfilled and the funds were paid. The fact that there has been a change of persons does not affect the course of the limitation period, as well as its calculation.

At the same time, it should be taken into account that the expiration of the limitation period itself does not prevent the insurance company from filing a claim and filing a recourse claim. This is due to the fact that the limitation period can be applied in court only at the request of the party. It is clear that an insurance company that has missed the deadline will not make such a statement.

Therefore, the first thing to do when you receive a claim for reimbursement of the amount of money in recourse is to check if the company has missed the statute of limitations. And if you see that you missed it, you must definitely write a statement to the court about this (or make it orally), and not wave your hand in the belief that the court will apply it automatically.

intent

The law contains a rule according to which the right of recourse arises if the damage was caused due to intent.

What is intent? This is, first of all, the attitude of the tortfeasor to the possibility of an accident. If he deliberately makes the accident happen, it means that he commits deliberate actions, wanting the consequences to occur.

It should be borne in mind that the so-called burden of proof (that is, the obligation) lies with the insurer. This means that it is the representative of the insurance company that filed a claim for damages by way of recourse that must provide evidence to the court confirming the intent. It should be just evidence (factual data), and not just his opinion on this matter. The fact of intentional infliction of harm can be proved during the investigation of a criminal case or as a result of an investigation of an insured event.

Drunk

Recourse can be filed if the harm was caused by the person indicated in the OSAGO policy while driving a car in a state of alcoholic, narcotic or other intoxication. "Other intoxication" can be referred to as toxicological intoxication. This circumstance is clarified quite quickly and without any problems by sending the persons involved in the accident for a medical examination.

In addition, there will be a regression when the driver became drunk as a result of drinking alcohol or using drugs immediately after an accident (this is prohibited by traffic rules), although he was sober while driving.

Driving a vehicle without a driver's license

In this case, the insurance company also has the right of recourse.

Sometimes the question arises, what does the phrase: "The person did not have the right to drive a vehicle" mean in relation to the OSAGO policy? The Presidium of the Supreme Court of the Russian Federation answered it back in 1995, noting that the law provides for the emergence of the right to drive a vehicle after a citizen who has reached the age of majority passes an exam and receives a driver's license.
Accordingly, a person who does not have the right to drive a vehicle is a person without a license. Such persons also include citizens who drive a car not of the category for which they have the right to drive, and citizens deprived of their rights for offenses.

Hiding from the scene of an accident

Do not leave the place where the accident occurred. Even if you are in a hurry. These are the basics that everyone should know. Not only will you be found guilty of the accident almost automatically, but also the insurance company will have the right of recourse, and unconditional. This is perhaps the only case where a recourse claim is almost impossible to challenge. Charged in full.

Expired insurance

The insurance company's right of recourse arises to such a person who drove the car during the period that is not covered by the OSAGO policy. This condition is taken into account only if the insurance contract is concluded with such a condition - to use the car in a specific period. If the validity of the OSAGO policy ends, as indicated in it, on May 5, 2017, and the accident occurred on May 6, then even if the culprit is included in the contract, the insurer will have the right of recourse.

Lack of technical inspection

On January 1, 2012, additions were made to the OSAGO Law. A new basis has appeared for the possibility of applying recourse - now the insurer has such a right in the event that at the time of the accident the validity period of the technical inspection coupon has expired.

On July 30, 2012, the Law on changing the technical inspection N 130-FZ also came into force. And from that day on, the specified basis for a possible statement of a recourse requirement is: "The expiration of the diagnostic card containing information about the vehicle's compliance with the mandatory vehicle safety requirements." Accordingly, if at the time of the accident such a period has expired, it becomes possible to recover recourse.

At the same time, not all categories of vehicles for which the technical inspection issued as a diagnostic card has expired entail the right to present a recourse claim. The legislator has established such a basis only in relation to such vehicles that are intended for the carriage of passengers under contracts for the carriage of passengers, as well as vehicles intended for the transport of dangerous goods. For other vehicles, this rule does not work.

Also, the insurance company in this case receives the right of recourse not only to the culprit of the accident. She has the full right to file a claim in the order of recourse, indicating as the plaintiff the technical inspection operator who issued the diagnostic card. Such a right arises if the accident occurred due to a malfunction of the vehicle, and this malfunction was detected during the technical inspection, but information about it was not included in the diagnostic card.

I would like to note that it is quite difficult to prove these circumstances, so such claims are quite rare. In this case, the burden of proof also lies with the insurer.

What to do if the insurance company filed a recourse against you

To begin with, one piece of advice: you should absolutely not immediately agree with the insurance company and recognize the right to claim damages from you. You will always have time to do this - you can recognize the claim at any stage of the civil process, but for now you need to think about how not to pay recourse on the claim filed by the insurance company, or at least reduce the amount of damage.

A lawsuit is always a controversial issue, and you need to confirm your right by providing relevant evidence to the court. Whoever refers to what must prove it. This is an important rule of civil procedure.

Remember - the insurance company has the right of recourse only from the moment the insurance indemnity is paid to the victim, and not a minute earlier!

Accordingly, in order to receive reimbursement by way of recourse, the insurance company must prove:

• payment of the sum insured to the victim. It is possible that he was denied payment, however, the insurance company decided to file a claim for reimbursement by way of recourse. And be sure that if you recognize the claims of the insurance company, the damage will be recovered from you, despite the absence of grounds - the insurance company will simply remain silent about this circumstance;
• availability of grounds for filing a recourse claim. These are exactly the circumstances that we have already discussed above. If the representative of the insurer claims that you were driving while drunk or under the influence of narcotic substances, require a medical report drawn up properly and signed by authorized physicians. If we are talking about the fact that you left the scene of the accident without waiting for the traffic police officer, let them provide documents stating that you were held accountable for this violation (this should be a court decision, moreover, that has entered into legal force, and not just an administrative protocol compiled directly at the scene of the accident). Etc;
• the amount of recourse compensation should not exceed the amount of payment to the victim by the insurer. Therefore, demand from the representative of the insurer not only confirmation of the payment of insurance compensation to the victim, but also, without fail, confirmation of the amount of payment. You may be able to achieve a reduction in the amount of damage. Insurance companies are very reluctant to part with their money, so let's follow suit;
• it is necessary to keep in mind the statute of limitations, which should not expire by the time the claim is filed in court. Keep in mind - if the statute of limitations has expired, but you did not declare it, the court will not apply them on its own initiative, and will not automatically reject the claims of the insurance company. The fact that the satisfaction of the claim for recourse is illegal, since the limitation period has passed, and the company does not have the right to bring a claim (more precisely, to satisfy the stated claims), it is you who must declare in court;
• grounds for satisfying the insurer's recourse claims are always a causal relationship between your actions and the resulting consequences in the form of an accident. If there really was an accident, but you are not to blame for it, or your guilt has not been proven, then no court will satisfy the claim of the insurer. Absence of guilt - the absence of a positive court decision for the insurance company.

If the insurance company fails to prove at least one of the above points, the issue of contesting the recourse claim can be raised.

Watch the video for more tips:

1. Paragraphs 9, 44, 45, 72, 76 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 26, 2017 No. 58

If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions within a few days.

76 comments

An accident (traffic accident) is an unpleasant event. But one circumstance can please the injured party: the damage will most likely be reimbursed by the insurance company (IC). And the culprit, in most cases, will not suffer financially if everything is in order with the OSAGO policy and there are no other reasons for not paying compensation.

However, so that financial claims from the insurer do not come as a surprise, it is better to familiarize yourself with the concepts of “regression” and “subrogation”. Using these mechanisms, the SC can shift the damage they have suffered to the other side.

Concepts

The easiest way to explain the meaning of the concepts of "regression" and "subrogation" on specific examples.

Subrogation

The car insured under the OSAGO policy gets into a pothole and gets damaged. The insurer compensates him for the damage. But the balance holder of the road is to blame for the occurrence of an emergency. As a rule, it is the local administration (roads within settlements) or the regional government (roads between settlements).

The company compensates the victim, but may, in turn, bring claims against the guilty party. This is subrogation.

Most often, such a mechanism is used for CASCO payments: the insurer reimburses compensation, then recovers its costs from the culprit or his insurance company.

Regression

If several cars were involved in an accident, and the culprit has an OSAGO policy, his insurance company will compensate the victims for damages within the limits of the amounts established by law.

But in certain cases (the driver is not included in the insurance, was in a state of intoxication, fled the scene), the insurer may recover the costs incurred from the culprit. This is a recourse requirement to the culprit of the accident (recourse).

Features of subrogation

The development of the institution of subrogation solves several problems. First, it limits the possibility of using various fraudulent schemes. Secondly, thanks to this system, there is a legal way to recover damages from the real culprit of the incident. In a sense, this is progress in insurance legislation.

In other situations, not only insurance companies can request compensation (in the amount of the costs incurred), but also victims if the insurance payment does not cover the amount of damage.

The policyholder may also waive claims against the person who caused the damage. In this case, the UK is exempted from paying compensation (in whole or in part).

In addition, which is logical, the volume of claims of the insurer within the framework of subrogation cannot exceed the amount of compensation paid to them.

Features of regression

The right of the insurance company to a recourse claim, according to which damage can be recovered from the insured, is spelled out in the OSAGO law. If the IC client is found guilty of an accident, the organization will pay for the damage caused to them. But in some cases, he has the right to recover compensation from him.

Comparison

Many people don't know that subrogation and recourse in insurance have a fundamental difference.

Differences

Subrogation means only a change of the party obliged to compensate for the damage caused. A recourse is a new requirement, according to which the insurer recovers its costs from the client.

There are also differences in the rules for calculating the statute of limitations.

Common features

The institutions of subrogation and regress carry an educational meaning. Due to these phenomena, the obligation to compensate for the damage inflicted falls on those responsible for causing it.

Example

Let's say the owner of a car with a CASCO policy damaged the bumper by hitting a curb. The insurance company will fully reimburse the costs of such an insured event (repair). Since there is no second guilty party in this situation, then there is no one to send a counterclaim - apply p regression and subrogation is impossible.

However, if the driver was in a state of intoxication at the time of the accident, the UK has the right to put forward a recourse claim to him.

If the collision with the curb was due to the fault of another person (for example, a driver who drove into the oncoming lane), then subrogation can be applied to him.

CMTPL recourse

Recourse is a definition of the right of the insurance company to demand compensation from the insured person (the person responsible for the accident) for losses incurred as a result of paying compensation for the damage caused to them.

When can it be presented?

All cases that give the insurer the right to resort to regression are prescribed in the law on compulsory third party liability insurance. Generally speaking, the client of the insurance company must be not only guilty of the accident, but also a violator under the insurance contract.

Is it possible to avoid

In order not to be subject to recourse, the culprit of the accident should not violate the terms of the insurance contract and the rules prescribed in the law on OSAGO.

That is, take care of the relevance of the OSAGO policy, do not drive a car while intoxicated, in the event of an accident - do not panic and do not try to hide.

In what cases can they charge

Not only the insurance company can recover damages from the client (in case of violations that give it the right to a regressive claim), but also the victims. This is permissible if the sum insured did not fully cover the damage caused to them. These issues are usually resolved in court if the perpetrator refused to pay compensation voluntarily.

Grounds for filing a recourse claim

All the grounds that give the insurance company the right to regress are spelled out in article 14 of the OSAGO law.

The IC may put forward a regressive claim to the culprit of the accident if the following facts are revealed:

1. Intent. If damage to property, life or health was caused intentionally, then compensation for damage may be assigned to the person responsible for the accident.
2. Drunk. Any intoxication (alcoholic, narcotic, toxic) gives the insurance company the right to impose liability on the client-culprit.
3. Management without rights. Regression can be caused by the insured's lack of documents allowing him to drive a car. You need to understand: if you simply don’t have a driver’s license with you (but you have one), then this does not mean that you don’t have the right to drive as a whole.
4. Hiding from the scene of an accident. For this, a punishment of one to 1.5 years of deprivation of a driver's license or up to 15 days of arrest is provided. In addition, in case of concealment, the perpetrator of the accident will have to independently compensate for the damage to the victims.
5. Not covered by insurance. If the insurance policy is limited in terms of the number of insured persons, and the perpetrator of the accident is not included in it, then he himself bears material responsibility in the event of an accident.
6. Expired insurance. Each policy specifies the period during which it is valid.
7. Didn't notify the insurance company. If an accident is filed without calling the police, the perpetrator of the accident must notify his insurance company about the accident within five days. The client must hand over to the insurer, in addition to the notice, the completed Europrotocol form. Otherwise, there is a risk of regression.
8. Inspection. Many people think about getting a diagnostic coupon (technical inspection) only for insurance purposes. However, if the technical inspection of the culprit of the accident is overdue, then the cost of repairing the victim’s car will fall on his shoulders.
9. False data in the electronic policy. If, in order to obtain an electronic OSAGO policy, the client provided the insurer with false data, due to which the amount of the insurance premium decreased, this is the basis for applying the recourse mechanism.
10. Other reasons. If an accident was registered without calling the police, then its culprit cannot start repairing (disposing of) the vehicle involved in the accident until 15 calendar days have elapsed from the date of the accident. Non-working holidays are not taken into account. In addition, this vehicle, at the request of the insurance company, must be provided for inspection and / or technical expertise.

How much can be charged

As already mentioned, the amount of recourse claims cannot exceed the amount of compensation paid by the insurer to the victims.

In addition, the total amount of claims may include:

• the amount of compensation paid by the IC to the injured party;
• legal expenses of the insurer;
• expenses of the UK for the necessary examinations;
• expenses of the company for conducting insurance business (the amount is determined by the insurer).

The law defines the upper levels of payments for OSAGO to victims of an accident. Compensation for property damage cannot exceed 400 thousand rubles, for health damage - 500 thousand rubles. That is, for each case, depending on the situation, a separate calculation will be carried out.

For example, after an accident, a European protocol was drawn up. The person responsible for the accident did not notify his insurance company of the accident. As a result of the accident, property damage in the amount of 170 thousand rubles was caused. The insurance company of the culprit makes compensation for these losses to the injured party and puts forward recourse claims to the client. The insurer does not agree with them. The insurance company files a lawsuit in court, demanding that the client reimburse 170 thousand rubles. and the amount of legal costs, which, for example, amounted to 12 thousand rubles. Thus, the total amount of claims will amount to 182 thousand rubles.

How to be the culprits

In the event of an accident, the insurer examines the circumstances of the accident and finds out whether among its causes there are illegal actions of its client. If any, the company must prepare documents that will serve as a justification for the amount of damage suffered by it, and present a claim to the insured person.

In such a situation, it is better not to try to evade responsibility. You must carefully read all documents. If the claims are fair, and the damages for which the assessment was carried out correspond to those indicated in the protocol, then it is better to try to resolve the issue amicably.

If the insurance company overstates the amount of the claim, you must request copies of all documents and contact an independent appraiser. All disputes are settled, as a rule, in court.

useless disputes

Often clients refuse to pay for regression, referring to the fact that they do not admit their guilt. It won't help you avoid paying. If the court establishes the fact of guilt in the proceedings regarding the accident, then it is not necessary to do this separately when presenting recourse claims.

If there is nothing to pay

There is a way out of any situation. One of them is an agreement with the insurance company, according to which compensation for the recourse claim can be paid in installments.

Another way is litigation. The insurer goes to court, the instance makes a decision on the recovery of damages. After its entry into force, a writ of execution is issued, according to which the debt is automatically reimbursed at the expense of a part of the debtor's official income.

The concept of limitation period

The statute of limitations for civil liability claims is three years. But with subrogation or regression, the starting points are different. In the case of a recourse, the starting point is the time of payment of the insurance indemnity. In the case of subrogation - the moment of occurrence of the insured situation.

Video

The video tells about the right of recourse claim of the insurance company against the insured.

By watching the following video, you can find out when the insurance company can legally refuse to pay.

Decision in a civil case Case No. 79/2-584/16

In the name of the Russian Federation

The court composed of the justice of the peace of the judicial district No. 57 of the Leninsky judicial district of the city of Kirov Ershova A.A.,

under the secretary - Bushkova A.V.,

examined in open court a civil case under the claim ZAO «MAKS» to Vagina The.F. on compensation for damages by way of recourse,

SET UP:

CJSC "MAKS" filed a lawsuit against Vagina The.F. for damages by way of recourse. In support of the stated requirements, it is indicated that on July 28, 2015 at 09:30 at the address: Kirov, st. Shchorsa * there was a traffic accident (RTA). The accident occurred as a result of the actions of Vagin V.F., who was driving a vehicle of brand “*”, state registration plate *, which hit a vehicle of brand “*”, state registration plate *. Civil liability Vagina VF was insured by CJSC MAKS, policy *.

As a result of this accident, mechanical damage was caused to the vehicle of brand “*”, state registration plate *, owned by KOGBUZ Kirov Clinical Hospital No. *. The civil liability of the victim, KOGBUZ Kirov Clinical Hospital No. *, was insured by LLC IC Soglasie policy *.

In accordance with paragraph 1 of Art. 14.1. The Federal Law "On CTP" the victim has the right to present a claim for compensation for damage caused to his property directly to the insurer who insured the civil liability of the victim.

The representative of KOGBUZ Kirov Clinical Hospital No. *, exercising its right to direct compensation for damages, applied to LLC IC Soglasie.

In accordance with paragraph 4 of Art. 14.1 of the Federal Law “On OSAGO”, the insurer that insured the civil liability of the victim, compensates for the damage caused to the property of the victim, on behalf of the insurer that insured the civil liability of the person who caused the harm (carries out direct compensation for losses), in accordance with the agreement on direct compensation for losses in the amount determined in accordance with Article 12 of the Federal Law.

In accordance with paragraph 7 of Art. 14.1 of the Federal Law “On OSAGO”, an insurer that has insured the civil liability of the person who caused the harm and reimbursed against the insurance payment under a compulsory insurance contract to the insurer that made direct compensation for losses compensated by him to the injured person, in the cases provided for in Article 14 of this Federal Law, has the right to claim to the person who caused the harm, in the amount of the harm compensated to the victim.

OOO IC Soglasie and CJSC MAKS are parties to the agreement on direct indemnification.

IC Soglasie LLC, on behalf of MAKS CJSC, paid 13,400.00 rubles, which is confirmed by payment order No. 2* dated September 23, 2015.

In accordance with Art. 26.1 of the Federal Law "On OSAGO", an agreement on direct compensation for losses is concluded between members of a professional association of insurers. Such an agreement determines the procedure and terms of settlements between the insurer that made direct compensation for losses and the insurer that insured the civil liability of the person who caused the harm.

In accordance with the Direct Indemnification Agreement, RSA-Clearing LLC, for settlements between insurance companies, draws up a register of claims for each payment made, determines the amount of monetary obligations of each Insurer and forms a consolidated register. According to this register, the settlement bank (where the Insurers' funds are stored) writes off (credits) funds in the amounts indicated in the consolidated register.

In accordance with Art. 14 of the Federal Law of the Russian Federation of 2S.04.2002 No. 40-FZ “On Compulsory Insurance of Civil Liability of Vehicle Owners”, the insurer that paid the insurance indemnity transfers the right of the victim to the person who caused the harm in the amount of the insurance payment made to the victim, if the specified in case of drawing up documents on a traffic accident without the participation of authorized police officers, the person did not send to the insurer who insured his civil liability a copy of the form of notification of a traffic accident filled out jointly with the victim within five working days from the date of the traffic accident.

Vagin V.F. did not apply to the branch of CJSC "MAKS", and also did not send by other means of communication a copy of the form of notification of a traffic accident filled out jointly with the victim.

A claim for damages by way of recourse was sent to the defendant. This requirement was not satisfied by the respondent. To date, funds have not been received on the settlement account of CJSC MAKS.

Thus it is the amount of insurance compensation, namely 13 400.00 rubles to be recovered from Vagina The.F.

Ask to recover from the defendant Vagina The.F. in favor of CJSC MAKS, compensation for damage in the amount of 13,400.00 rubles, expenses for paying the state fee in the amount of 536.00 rubles.

At the hearing, the representative of the plaintiff CJSC "MAKS" did not appear, was notified of the time and place of the hearing, about which there is a telephone message, asks to consider the case without the participation of a representative. In the explanations submitted to the court, he indicated that the amount of the payment was determined on the basis of expert opinion No. *, according to which the cost of restoring repairs, taking into account the wear and tear of replaced parts, is 13,415.00 rubles. According to the act on the insured event of LLC IC Soglasie, the amount payable was 13,400.00 rubles.

The representative of the co-defendant LLC “SK “Consent” Nechaeva N.V., involved in the case by protocol definition, did not appear at the hearing, was notified of the time and place of the case, asks to consider the case without the participation of a representative. In the explanations submitted to the court, she indicated that in the fact of an accident that occurred on 28.07.2015. the victim KOGBUZ KKDC applied for the payment of insurance compensation on 29.07.2015. The specified case was recognized by OOO SK Soglasie as insurance and the victim was given a referral to inspect the damaged car. At the same time, a request for acceptance was sent to the insurer of the person responsible for the accident, MAKS CJSC, the response to which was received on 08/04/2015. Based on the results of consideration of the insured loss, an insurance indemnity in the amount of 13,400 rubles was paid in favor of the victim LLC SK Soglasie. In this connection, SK Soglasie LLC considers its obligations under the contract to be fulfilled in full.

defendant Vagin The.F. and his representative, according to an oral statement Torkunov A.M., did not recognize the claims at the hearing, it was explained to the court that the defendant had no desire to hide the fact of an accident in front of the insurance company, traffic police officers were called, all the necessary documents were drawn up.

They asked to be guided by written explanations, according to which they believe that the plaintiff's claim for damages is relative, not absolute, the claim is not substantiated, no evidence of a violation of rights has been provided, and there is a causal relationship between the actions of the person responsible for the accident and the losses caused to the insurance company.

The Federal Law “On CTP” (paragraph 3, part 1, article 26.1) and the Requirements for an agreement on PES (Instructions No. 3385-U dated September 19, 2014), as well as the Rules for the professional activity of insurers, approved by the PCA on June 26, 2008, oblige the insurer that insured the responsibility of the victim (IC "Consent") to check the circumstances of the accident (clause 4.1.4 of the Rules). The insurance company checked the circumstances of the accident, organized an independent technical examination of the victim's vehicle.

Send a preliminary notice (application) to the insurer that insured the liability of the guilty person (clause 4.1.5. of the Rules). The preliminary notice must contain information about the claim of the victim, the circumstances of causing harm in connection with damage to the property of the victim as a result of a traffic accident, the expected amount of payment for direct compensation for losses (paragraph 6, clause 2 of the Bank of Russia Directives. The deadline for sending a preliminary notification (application in terms of the Rules) is 5 calendar days (in accordance with the Rules), no more than 7 business days (in accordance with the Directive of the Bank of Russia).

In order to determine the fact that the insurer that insured the liability of the victim fulfilled the obligation to notify the insurer that insured the liability of the person responsible for the accident, we consider it necessary to request the materials of the insurance file from both insurance companies.

It follows that the obligation to inform the insurer that insured the liability of the perpetrator is assigned not only to the tortfeasor, but also to the insurance company of the victim. It is also believed that the absence of such notification deprives the insurer of the right to claim against the insurer the culprit of the accident if there are grounds for refusing to pay insurance compensation. And the insurer of the tortfeasor is obliged to agree on the insured event.

The notice of an accident is drawn up on the form of the insurer of the tortfeasor, which indicates that the completed copy of the notice is to be sent to the insurer (without specifying which one), and also indicates the period of 15 calendar days.

Thus, provided that the insurers themselves comply with the provisions of the agreement concluded between them on direct compensation for losses, the plaintiff would have known (should have known) about the occurrence of the insured event within 5 calendar days from the moment the victim applied to IC Consent, that is, earlier than indicated on the notification form.

In accordance with the same Rules (clause 4.3.2), the insurer of the injurer is obliged, after receiving the application from the insurer of the victim, to send the Acceptance / Refusal to Accept the application within 5 calendar days from the date of receipt of the application.

Vagin V.F. together with the victim O*, they called the traffic police to the scene of the accident by calling the duty unit *. Traffic police officers came to the scene of an accident and assessed the damage as minor, advised to issue a European protocol. defendant Vagin The.F. together with the victim O* jointly filled out a notice of an accident and arrived at the insurance company of the tortfeasor (CJSC “MAKS”), where Vagin V.F. (the tortfeasor) handed over a copy of the notice of the accident to an employee of the settlement department of CJSC MAKS (according to Vagin V.F. and witness O*, it was a “gray-haired, bald man”). The specified employee, having studied the notice of the accident, returned it, explaining that both drivers need to contact the insurance company of the victim (IC "Consent") with the specified document, and draw up an insured event there.

It is believed that Vagin V.F. fulfilled the obligation to transfer a notice of an accident to his insurance company, but the insurer's employee, as a result of his own delusion, refused to accept these documents.

The accident notification form contains conflicting and incomplete information for the insured (the note at the bottom “to be completed and submitted within 15 (fifteen) business days to the insurer”). At the same time, the 15-day period is not specified either in the insurance rules or in the Federal Law “On OSAGO”. It is also not specified which insurer should be given this notice.

OSAGO insurance rules (Appendix to the Regulation of the Bank of Russia dated September 19, 2014 No. 431-P), namely para. 2 clause 3.5 of the Rules provides that in the absence of disagreements in the circumstances of the accident, the nature and list of visible damage to the vehicle, two drivers jointly fill out one form of notification of an accident. Given that the original of this notice must be handed over to the insurer of the victim (an imperative condition for the payment of insurance compensation), the person responsible for the accident will provide only a copy of the said notice. That is, the transmission of a notice of an accident by the culprit to his insurance company is legally notifying. The law does not provide for any mandatory actions on the part of the insurer in connection with the said transfer of the notice. And the settlement of an insured event under the PES is carried out on the basis of an agreement on direct compensation for losses, the parties to which are insurance companies, and it is with their actions that the law connects the duration of the settlement of an insured event.

Vagin V.F. did not start repairing the vehicle within a month after the traffic accident and was ready to provide the vehicle for inspection to the insurer (in accordance with part 3 of article 11.1 of the Federal Law “On OSAGO”, the participants in the accident “should not start their repair or disposal before the expiration of 15 calendar days, except for non-working holidays, from the date of the traffic accident).

Moreover, after receiving information about the insured event, the plaintiff did not take any actions (provided for by the rules of professional activity and the Federal Law "On OSAGO") in order to verify the circumstances of the accident and the presence of an insured event in the specified event, however, CJSC "Max" there were every opportunity to commit these actions.

Based on the foregoing, believe that the provision / failure to provide a copy of the notice of the accident Vagin V.F. is not a significant legal fact, does not entail any negative consequences for the insurer of the tortfeasor (he must obtain the necessary information about the accident from the insurer of the victim), therefore, cannot serve as a basis for imposing on him a recourse claim for damages.

The amounts paid by the insurer of the tortfeasor to the insurer of the victim are insurance compensation, and are carried out within the framework of the concluded with Vagin V.F. insurance contracts, and are an expense of the insurance company related to its main activity, and not a loss.

Responsibility Vagina V.F. insured in IC "Max" within the limit of liability of 50,000 rubles (when registering the "Europrotocol"). The stated recourse requirement does not exceed the specified amount, therefore, it is not subject to recovery from the defendant.

Furthermore the insurance contract with the tortfeasor Vaginym The.F. concluded 19 * years, that is, before the entry into force of changes in the Federal Law "On OSAGO", namely p. f art. 14 of the said law, which provides for the right of recourse claim of the insurer that made the insurance payment to the tortfeasor, the specified paragraph came into force on 01.09.2014.

Based on the foregoing, they request that the claim be dismissed.

Interrogated at the hearing witness O*. Court explained that 28.07.2015g. about* hour. 30 min. on st. Shchors * there was an accident in which O is the victim. Traffic police officers were called by the participants in the accident, who recommended contacting the insurance company CJSC MAKS. The insurance company CJSC "MAKS" refused to accept the notice, sending it to IC "Consent" for registration of an insured event. CJSC MAKS did not insist on accepting documents. The victim's vehicle was inspected at SK Soglasie LLC. They came to the insurance company CJSC "MAKS" for registration of an insured event.

After hearing the persons participating in the case, having studied the written materials of the case, the court comes to the following:

When resolving disputes arising from compulsory civil liability insurance contracts of vehicle owners, it should be borne in mind that the insurance contract in the part in which it is concluded on the terms of the Insurance Rules is subject to the rules of the article on the accession contract.

The contract of compulsory insurance is public, is concluded on the terms provided for by the Law on OSAGO and other legal acts adopted for the purpose of its implementation.

Based on the provisions of clause 25 of article 12 of the OSAGO Law and clause 2 of the article, the terms of the compulsory insurance contract that contradict the OSAGO Law and / or the Insurance Rules, including those establishing: additional grounds for releasing an insurance company from the obligation to make an insurance payment, are void (clause 5 articles).

In the event of a dispute regarding the content of the insurance contract, the content of the policyholder's application, the insurance policy, as well as the insurance rules on the basis of which the contract was concluded, should be taken into account.

Insurance contract between CJSC MAKS and Vagin V.F. was concluded * year.

The insurance contract concluded between the plaintiff and the defendant did not provide for the moment of its entry into force. Therefore, the contract entered into force at the time of payment of the insurance premium, i.e. * year and was concluded in accordance with the provisions of the Law on OSAGO, which at the time of the conclusion of the contract did not provide for the right of recourse of the insurer that paid the insurance compensation to the person who caused harm in the amount of the to the victim of the insurance payment, if the specified person, when drawing up documents on a traffic accident without the participation of authorized police officers, did not send to the insurer who insured his civil liability a copy of the form of notification of a traffic accident filled out jointly with the victim within 5 working days from day of the traffic accident. These changes came into force only from 01.09.2014.

LLC IC "Consent" a traffic accident that occurred on July 29, 2015. involving the defendant's vehicle Vagina The.F. was recognized as an insured event and the victim was issued a referral to inspect the damaged car. At the same time, a request for acceptance was sent to the insurer of the person responsible for the accident, MAKS CJSC, the response to which was received on 08/04/2015. Based on the results of consideration of the insured loss, an insurance indemnity in the amount of 13,400 rubles was paid in favor of the victim. In this connection, IC Soglasie LLC fulfilled its obligations under the insurance contract in full.

Thus, there are no grounds for satisfying the claims filed by ZAO MAKS.

Litigation on:

Lost profit

Judicial practice on the application of the norms of Art. 15, 393 of the Civil Code of the Russian Federation

Liability for causing harm, the bay of the apartment

Judicial practice on the application of the norm of Art. 1064 of the Civil Code of the Russian Federation

Damages

Judicial practice on the application of the norm of Art. 15 of the Civil Code of the Russian Federation

What happened?

The obligations of drivers under OSAGO are regulated by the corresponding Federal Law of the same name FZ-40. It was he who in his 2 paragraphs earlier had the following provisions:

• paragraph 2 of article 11 obliged both participants in the accident in the case of a European protocol to send notification forms to their insurance companies within 5 days,
• pp. "g" of paragraph 1 of Article 14 prescribed that in the event of failure to fulfill the above obligation by the perpetrator, the insurer had the right to issue him a recourse in the amount of compensation to the injured person.

On May 1, 2019, the relevant Federal Law No. 88-FZ was issued, which amended the above legal act. To be more precise, there are 2 changes:

1. subparagraph "g" declared invalid,
2. a recourse claim can no longer be brought against a pedestrian in cases where harm has been caused to his health, as well as to his relatives if the pedestrian has died (Article 5 of the Federal Law No. 88).

Thus, as of September 18, 2019, the obligation of both participants in the accident to send their copy of the European protocol notice to each of their insurance companies remained. However, there will be no consequences for failure to fulfill such an obligation: no recourse, no fine, no other liability.

As mentioned above, the current legislation carefully regulates the procedure and rules for presenting a recourse claim.

These are the main legislative acts regulating this sphere of legal relations. But besides this, certain clauses are also contained in insurance contracts that are concluded by insurers with vehicle owners.

At the same time, you need to be aware that the insurance company can present a recourse claim not only to the culprit of the accident.

A similar requirement may also be made against an operator who carried out a technical inspection of the insured vehicle before issuing a diagnostic card, which is a necessary document for concluding an insurance contract.

In this case, the presence of an appropriate expert opinion is a prerequisite: it can be used in court.

What responsibilities remain?

So, as we have already indicated above, the culprit still has the obligation to notify his insurance company about the insured event. This must be done within 5 working days. But the victim has the same duty. He, unlike the culprit, within this period must send his notification form along with an application for insurance compensation for OSAGO.

Another important duty of the culprit under the European protocol is not to repair your car for 15 days after the accident. And also provide it to the insurance company of the guilty driver or the victim at the first request within 5 days after receiving such a request.

And for non-fulfillment of the requirement to provide a car, or if you provide a restored car in the first 15 days after the accident, you will face recourse (paragraph “h”, paragraph 1 of Article 14 of the Federal Law-40).

In what cases can the IC request a recourse on OSAGO?

To claim money for recourse, the insurer must provide evidence of illegal actions or non-compliance with the terms of the contract between him and the insured. The acceptable time for filing a claim is the day after the transfer is made, but no later than the limitation period for claims, which in this case is calculated as three years.

Insurers are limited in applying for refunds. The following cases are allowed:

1. The documents required for processing the case were not provided to the UK or the deadline for filing was not observed.
2. Repair work was carried out without notifying the IC within 15 days after the accident or without a preliminary examination of the condition of the car.

   In this case, it is allowed to hide important evidence to determine the guilt of the driver.

Other reasons are listed in the next paragraph.

You need to be aware that the insurance company cannot in all cases present a recourse claim against the person responsible for the accident.

The law carefully provides for all those cases when the insurer is endowed with such an opportunity.

In particular, the insurance company may present a recourse claim against the person responsible for the accident in the following cases:

• if the culprit has intent. For example, if the culprit intentionally got into an accident, then in this case the insurance company may demand the return of the amount of insurance compensation paid by it. In some cases, the actions of the perpetrator of an accident may contain characteristic features of other offenses;

• The offender was under the influence of alcohol or drugs. Of course, this fact must be confirmed by an appropriate expert opinion, the presence of which is a prerequisite;
• The person responsible for the accident has no rights. The law states that a driver's license is valid for 10 years. After its expiration, the rights must be replaced;

• the guilty party is not indicated in the insurance policy as a driver - when concluding the insurance contract, the owner of the vehicle indicates a list of persons who can operate the vehicle;

• the accident occurred during a period of time when the vehicle could not be operated - the driver has the opportunity to specify the period during which the vehicle will be operated. For example, you can conclude an insurance contract and indicate that the car will be used only in the summer, respectively, its operation in the fall is an offense;

• the culprit of the accident fled the scene - the parties to the accident must stop and follow certain instructions that are necessary in order to record the fact of the accident (call the traffic police and the insurance company);
• the guilty party did not submit the documents to the insurance company - according to the current legal requirements, the guilty party is obliged to notify the insurer and present all the necessary documents to him within 5 days from the moment of the incident, otherwise he will have to pay the amount of compensation on his own;
• the culprit started repairing the vehicle without the consent of the insurer. Of course, this rule is valid for 15 days from the date of the accident;

• The diagnostic card expired at the time of the accident.

These are the main cases, in the presence of which the insurance company may present a recourse claim to the perpetrator of the accident.

You need to be aware that the insurance organization is not always entitled to make a recourse claim against the guilty person.

Russian legislation specifically indicates all cases when a company issuing OSAGO is vested with such a right (not to be confused with a CASCO policy).

Specifically, an organization concluding an OSAGO agreement may set a recourse to the culprit in the following situations:

1. If there was intent. For example, if he specifically got into a traffic accident. The insurer can then request a refund of the amount of insurance coverage.
2. In certain situations, the actions of the perpetrator may have specific signs of other violations of the law. For example, the driver deliberately crashed the car of the victim, then it is necessary to initiate a case on the occasion of damage to the property of citizens.
3. The driver used alcohol or drugs while driving. Undoubtedly, this must be confirmed by the conclusion of the medical commission.
4. The citizen who committed the accident did not have the right to drive a vehicle. The regulations state that the driver's license is valid for ten years. The term has expired, but the person has not changed his rights, then the UK gets the opportunity to present a recourse.
5. The person responsible for the accident is not listed in the motor vehicle document as the driver of the vehicle. When drawing up insurance agreements, the car owner of the vehicle indicates a list of persons entitled to operate the car.
6. The incident happened at a time when the car could not be used. A citizen can indicate the period in which vehicles will be used for movement. For example, it is possible to draw up an agreement, determining that transport will be used only in the summer, and movement on it in another period is a violation of the law. In case of an accident in winter, the insurance organization has the right to return the amount paid to it under insurance.
7. The driver who caused the accident left the scene of the accident. Citizens involved in the accident are required to stop moving and follow certain instructions that are needed to file an accident.
8. Recourse from the insurance company for failure to provide notice. According to the current laws of the Russian Federation, the driver is obliged to report the accident to his company, which entered into an OSAGO agreement, and provide all the documentation within five days from the date of the event, otherwise he will pay money to compensate for the damage on his own.
9. The driver, who was found to be the culprit of the event on the road, began the restoration of the car without the permission of the organization that concluded auto citizenship with him. This requirement is valid for fifteen days from the date of the accident. An identical situation arises if the driver refuses to undergo an examination of vehicles.
10. The diagnostic card at the time of the accident was expired.

The insurer has the right to demand the reimbursement of the amount of expenses from the person responsible for the accident if:

• at the time of the accident, the perpetrator was in a state of intoxication or drugs;
• the insured person responsible for the accident had an expired license or was without a license at all;
• the driver was driving someone else's car without a power of attorney to drive the vehicle;
• the truck driver has an expired technical inspection coupon;
• the perpetrator fled the scene of the accident;
• the driver who provoked the accident is not included in the autocitizen policy;
• The accident happened during a period not indicated in the policy;
• the culprit deliberately provoked the accident or was its direct accomplice.

What does the law say

After the amendments to the law On OSAGO, the conditions for issuing a recourse claim became one less. But there are still quite a lot of them, so you need to be attentive to the circumstances and details of the accident.

In 2019, recourse is due for the following violations by the culprit:

• if driving drunk(and it's installed)
• fled the scene of an accident
• if harm to health or life is caused intentionally (does not apply to material damage),
• has no control,
• not included in the OSAGO policy,
• The accident occurred during the period of use, not included in the insurance,
• repaired the car up to 15 days after the accident or did not submit it for inspection,
• the insured deceived the insurance company when concluding an electronic OSAGO policy in terms of information about the car or insured persons, which led to a decrease in the cost of the policy (at the same time, even if the culprit is not the insured, then recourse is due to the culprit).

Possible amount

Many are interested in the question of how much is the sum of the recourse requirement. First of all, you need to know that this amount consists of the amount of insurance compensation that was paid to the injured party, as well as the amount that was spent by the insurance company to pay.

For example, for the payment of insurance compensation, an examination may be required. In this case, the cost of the examination is also included in the amount of the recourse claim.

For example, the victim's car was damaged in the amount of 100,000 rubles.