Where today most often use regression in insurance? The process and nature of subrogation (regression) are described and justified in the Civil Code. According to the legislation, recourse in insurance is the right of the insurer to make claims to the party guilty of causing damage to the insurance object, which led to the occurrence of the insured event.
Most often, recourse actions are filed for
compensation for damage caused to the following types of property: automotive vehicles;
- residential and commercial real estate;
- values ββand household appliances.
The leader in the number of cases in which regression is put forward is motor insurance, both personal and business.
Article 76 of the "CTP Rules" governs all issues related to recourse claims of insurance companies. How does everything work in practice? In the event of an accident, an examination of the damaged vehicle is carried out and the person (or persons) responsible for the damage is identified. The insurer compensates the insured vehicle owner for losses incurred within the insurance amount.
Further, the company, wishing to refund the money paid, filed a lawsuit. The judge considers all documents submitted by the parties and decides on the satisfaction of the
recourse action. This is a regression in insurance in action.
There are two options for who will repay the amount required by the insurance company. The first implies that the culprit has a CASCO insurance policy. In this case, claims are received by his insurer, who is responsible for them. Perhaps the limit of payments for an insured event will be exceeded, then the rest of the amount will be recovered from the guilty person. If the perpetrator does not have an insurance contract , he pays the full amount in full.
The right to make a regression in insurance arises in the event of proven intent to cause damage to the health or property of the insured. Also the reasons are:
- finding the guilty person at the time of the damage in alcoholic or any other intoxication;
- the absence of the specified person the right to drive a vehicle that has got into an accident;
- unauthorized abandonment of the scene ;
- the occurrence of an insured event in a period that is not provided for by the insurance contract
- transport management by a person not admitted to this in accordance with the insurance contract.
Insured propertyAfter motor transport, real estate is the second largest number of cases in which insurance regress is advanced. You can insure almost everything: an apartment, a house, a warehouse or a store. In addition, prudent citizens insure expensive repairs and household appliances from a variety of troubles - from fire to flood.
Voluntary home insurance will provide compensation payments if the apartment was flooded due to the fault of neighbors, thieves visited the cottage, or electrical equipment burned out due to power surges. Then the βheadacheβ of the insurance company will be the search for the perpetrators of the damage and evidence to prove their guilt. Unless, of course, the insurer wants to put forward recourse claims against them and return their money.