OSAGO regression helps insurance companies to return the money that was paid to the injured party due to a traffic accident. Such a lawsuit can be filed with the perpetrator if the terms of the law have been violated. Moreover, the payment to the injured party should be made on the basis of expert assessment, as well as the accident report, which was issued at the scene.
Definition of CTP regression
The regression is the recovery of funds by the client's insurance company. In accordance with the law, this action is called the reverse requirement. Often, when acquiring an insurance policy, drivers do not understand what they are insured against, and believe that they are insured against everything. It is necessary to carefully study all the pitfalls in order not to be disappointed in the future and not to pay large sums from your pocket. Many drivers ask themselves: “The company paid insurance to the victim, but why does it require money from the culprit too?”
Features of the situation related to the return of money
The insurance company will indemnify the injured driver for causing harm to his client. The amount of damage may not exceed the limit established by law. But in the future, if the conditions allow, the insurance company will be engaged in recovery under the CTP insurance recourse. The process itself takes place through litigation. In order to get a positive decision, the insurer must present irrefutable evidence, as well as documents that confirm this fact. These include an act on the examination of a vehicle, damage assessment, the conclusion that the guilty driver was drunk and so on. The total amount will be greater compared with the payment to the injured person, since it includes the costs of the investigation, as well as other expenses associated with this insurance event.
To use the right of recourse for compulsory motor third-party liability insurance from the culprit of an accident, the insurance company must:
- payment of damage to the injured driver in full, but in accordance with the limit;
- file a lawsuit with the court.
These two points are mandatory for insurers. Also, in order for the insurance company to be able to go to court, irrefutable evidence of the wrongful action of the culprit is needed.
Grounds for the reverse requirement
There are certain cases where an insurance company may require payment.
- A traffic accident occurred due to the fact that the guilty driver was intoxicated. The law prohibits driving while intoxicated.
- The driver has expired rights or they were not at all.
- The driver drove another person’s car without a power of attorney.
- The guilty person was not insured in the CTP insurance.
- If the driver was driving a lorry and the vehicle does not have or the diagnostic card coupon is expired.
- The guilty driver fled the scene of the accident. Today, traffic police officers easily find the culprits using cameras. Therefore, it will not be difficult to find the culprit and to submit a CTP insurance regression.
- A traffic accident occurred at the end of the contract.
- The guilty driver himself provoked an emergency and was a direct participant in it. Such actions relate mainly to scammers.
As can be seen from the above reasons, the basis of the regression for compulsory motor third-party liability insurance from the culprit of the accident is the unlawful action of a person. Insurance companies do not have the right to demand payment if the driver has not foreseen or committed intentional or unlawful actions.
Culprit's actions
The guilty driver should not ignore the court hearings. Since if he will not be during the proceedings, the insurance company will receive in absentia the decision that was planned. If the culprit attends the meetings and also uses the services of professional lawyers, then there is the possibility of significantly reducing the amount. To date, the maximum payments for OSAGO are:
- for cars - 400,000 rubles;
- damage to life, as well as human health - 500,000 rubles.
Example
If the amount of damage exceeds these limits, the guilty party must pay the remaining amount on its own. For example, the damage to the injured car amounted to 800,000 rubles. The insurance company will pay the maximum amount of 400,000 rubles. There will remain another 400,000 rubles, which the culprit will have to pay on his own. Moreover, if there is a regression of compulsory motor third-party liability insurance with the culprit, he will have to pay the largest amount.
Avoiding the reverse requirement
In order not to become an unlawful culprit in a traffic accident, certain rules must be followed.
- The driver must be a law-abiding person. Observe traffic regulations.
- It is necessary to check the validity of the MTPL agreement and renew it at the end of the policy year.
- Trucks must always have a valid diagnostic card form.
- If the driver uses several cars, then he must be included in the list of each insurance. Therefore, you must check your name in the driver information.
- If the driver is driving someone else's car, then he must also be included in the list of drivers, as well as have a power of attorney.
- If a traffic accident has occurred, then you must not leave the scene of the accident, since such actions will be considered a violation of the law.
- Also, do not hide any additional information from the insurance company.
- Do not dispose of or repair a vehicle without the permission of the insurer.
If you comply with the above rules, then drivers will be able to reduce the risk of reimbursement of regression for compulsory motor liability insurance. And in this case, even in an accident in which the driver turned out to be guilty, he may not have to compensate the injured party at his own expense, since the insurance company will do this on its own.
The timing
The statute of limitations for OSAGO recourse depends on what damage was caused as a result of a traffic accident. If property is damaged, then insurers can apply to the court within two years from the moment of the accident. If, as a result of the accident, the life or health of the participants was harmed, then the terms of the OSAGO regression will be three years.
Thus, if the insurance company has not appealed to the court during this time, the perpetrator will not have to pay. But this rarely happens, since insurers belong to the financial market and are interested in receiving cash. Therefore, if they have every right to collect money, then they will not miss this opportunity. The only plus in this situation is that the court can defend the defendant if there is evidence, arguments, as well as the disproportion of the amount claimed. Mitigation of the court decision in relation to the culprit will be in the event that the culprit will attend the meeting and turn to qualified lawyers.
Arbitrage practice
Reclamation proceedings do not last long. If the claim of the insurance company is substantiated with corroborated evidence, the court will quickly satisfy it. But if the guilty party does not agree with the decision, then it can bring a retaliatory lawsuit and the proceedings will drag out. The culprit may also seek help from a higher court. But most often, the culprits agree with the insurer's demand and do not apply to higher authorities. The following is an example of a case-law of OSAGO recourse.
The guilty driver drove the vehicle while intoxicated. And it was his fault that a traffic accident occurred. The amount of damage caused was 60,000 rubles. The culprit insurance company agreed to pay money to the victim. But later sued the court in order to recover its expenses. The fact that the driver was really drunk was proven through medical examination. This document was submitted to the court. Based on all the documents, the court decided to satisfy the claim of the insurance company.
In practice, there are many such processes. If the fault of the driver was obvious, then the court will side with the insurance company.
Europrotocol
Guilty driver may receive regression on compulsory motor liability insurance due to ignorance of laws. The design of the Euro protocol is considered to be quick and convenient, since there is no need to wait for the traffic police to arrive. After compiling this document, you need to know about the nuances, so that there are no problems in the future.
Euro-protocol regression
The insurance company may file a recourse due to non-compliance with the law.
- The culprit after issuing the euro protocol did not submit to his insurance company a notice form for the accident within five working days, which was completed jointly with the injured party. Then the right of the return claim from the insurer will follow.
- The culprit, before the expiration of fifteen calendar days, began repairing his car or disposing of it - the insurer will demand a regress and will turn to the court.
- If the culprit does not provide the car for inspection after receiving the notice, then he will receive a regression from the company.
Many drivers are not aware of these requirements. Therefore, in order to avoid recourse of the insurance company under compulsory motor liability insurance, it is necessary to take the notice to the office of the insurer and do nothing with your motor vehicle. You also need to periodically check your mailbox for a call for inspection. Otherwise, the insurance company, in accordance with the law, has the right to demand recourse. And most likely, the court will take her side.
It is also important, when drawing up the Euro protocol, to approximately assess the damage caused. If there is a possibility that the damage may be more than 50,000 rubles, then you need to call the traffic police. In the opposite case, the victim will demand the difference from the culprit, when it was possible to cover all expenses with the help of insurance.
Call Commissioners
If in the process of registration of the Euro protocol, the participants in the accident decided to call the commissioners, then the culprit needs to be careful and accurate. Usually the commissioners say that the culprit should not have documents in hand, as they will do everything on their own. But anything can happen, and the commissioner may also forget to send the documents to the insurer. In this case, it will not be possible to avoid recourse, since the culprit will not have any documents left in his hands, and he will not even know that the notice was not sent. Therefore, you need to answer the commissioner that the culprit will take the document on his own, you also need to leave yourself a copy of the protocol. If the commissioner does not agree that the driver has any documents left, then the perpetrator may ask for a receipt that the commissioner assumes all obligations to transfer the documents to the company.
Conclusion
The OSAGO recourse procedure is established by the Law on OSAGO and allows insurance companies to return money from the perpetrators of accidents. Often, traffic accidents occur due to unlawful actions by drivers of vehicles. But there are times when a person did not know about the conditions. This applies to the Euro Protocol. In order to avoid unnecessary costs, it is necessary to study the laws. Also, in difficult situations, the driver can turn to specialists to help mitigate the court's decision. But in order to avoid regressions in compulsory motor third-party liability insurance, one must not break the law.