Can the other party be fully liable, can the presumption of total loss be subrogated?

Subrogation does not necessarily have to be the sole responsibility of the other party.

If the person is fully responsible, the traffic accident shall be compensated, and if the insurance company is compensating, it can find the party who is fully responsible for the claim.

The exercise of the right of subrogation shall have:

1. The insurer has the right to claim compensation for losses against a third party due to the insured accident, firstly, there must be a causal relationship between the occurrence of the insured accident and the fault of the third party, and the insured accident is caused by a third party, and secondly, according to the law or contract, the third party is liable for the loss of the insured object, and the insured has the right to claim compensation;

2. The cause of the loss of the subject matter of the insurance belongs to the scope of insurance liability, and the insurer has the obligation to compensate, if the cause of the insured accident is excluded, then the insurer will not be liable for compensation, and there will be no problem of subrogation;

3. The insurer has paid the insurance money, which is a prerequisite for the insurer to exercise the right of subrogation, and the insured still has the right to compensate for damages to the third party before the insurer pays the insurance money in accordance with the insurance contract.

Article 60 of the Insurance Law stipulates that if the insured has already obtained damages from a third party, the insurer may deduct the amount of compensation already received by the insured from the third party when compensating the insurance money. The insurer's exercise of the right to claim compensation by subrogation in accordance with the provisions of the first paragraph of this Article does not affect the insured's right to claim damages from a third party for the part for which compensation has not been obtained. According to the law, after the occurrence of an insured event, the insured may file a claim for compensation against a third party in accordance with the law or by agreement, and if the compensation has been obtained, the insurer may be exempted from the liability for compensation.

Although the design of the insurance subrogation system has the purpose of preventing the insured from obtaining double benefits, it also does not allow the insurer to obtain additional benefits to the detriment of the interests of the insured. Therefore, the amount of the subrogation claim is limited to the insured amount paid, and if the amount is lower than the loss caused by the third party, the insurer can only exercise the subrogation right within this amount. This provision is in line with the legislative purpose of subrogation and can better balance the interests of the insurer, the third party and the insured.

If the other car owner does not shirk responsibility, does not shirk the responsibility and does not deserve to actively settle the claim with you, it cannot be subrogated.

1. Is it a risk for the other party's full responsibility for subrogation?

1. The other party is fully responsible, and subrogation recovery is considered risky. Subrogation is not the owner's own insurance, but the responsibility of the other party belongs to the other party. In the event of a loss caused by a third party within the scope of insurance liability of the insured item, the insurer shall have the right to claim compensation from the third party for the loss within the limit of the amount it has paid.

2. Legal basis: Article 178 of the Civil Code of the People's Republic of China.

Where two or more persons bear joint and several liability in accordance with law, the right holder has the right to request that some or all of the jointly and severally liable persons bear responsibility.

The share of liability of the jointly and severally liable persons shall be determined according to the size of their respective liabilities; Where it is difficult to determine the size of the responsibility, the responsibility is to be borne equally. The jointly and severally liable persons who are actually liable in excess of their own share of liability shall have the right to recover compensation from other jointly and severally liable persons.

Joint and several liability shall be prescribed by law or agreed upon by the parties.

Article 392.

If the secured creditor's right is secured by both real and personal security, and the debtor fails to perform the due debt or the parties agree to realize the security interest, the creditor shall realize the creditor's right in accordance with the agreement; If there is no agreement or the agreement is not clear, and the debtor provides security for the thing, the creditor shall first realize the creditor's right on the security of the thing; If a third party provides security in kind, the creditor may realize the creditor's rights in respect of the security in rem, and may also request the guarantor to bear the guarantee liability. The third party providing the guarantee has the right to recover from the debtor after assuming the guarantee liability.

Article 535.

If the debtor's negligence in exercising its creditor's rights or subordinate rights related to the creditor's rights affects the realization of the creditor's due creditor's rights, the creditor may request the people's court to subrogate the debtor's rights against the counterparty in its own name, except that the rights are more exclusive than the debtor's own. Bridgeside ruler.

The scope of the exercise of the right of subrogation is limited to the creditor's due claims. The necessary expenses for the creditor to exercise the right of subrogation shall be borne by the debtor.

The counterparty's defense against the debtor may be asserted against the creditor.

2. What are the rights of the insured?

1. Before the insurance compensation, the insured shall maintain the right to sue the negligent party;

2. The right to claim compensation against the third party cannot be waived;

3. If the insurer is unable to exercise the right to claim compensation by subrogation due to the fault of the insured, the insurer may deduct the insurance compensation accordingly.

4. The insured has the obligation to assist the insurer in recovering from the third responsible party;

5. If the insured has already obtained damages from a third party, the insurer may deduct the amount of compensation obtained by the insured from the third party when compensating the insurance spine fund.

Legal analysis: The insurer has the right to claim compensation for losses against a third party due to the insured accident. First of all, the insured accident is caused by a third party; The second party is liable for the loss of the insured object according to the law or contract, and the insured has the right to claim compensation.

The cause of the loss of the subject matter of insurance falls within the scope of insurance liability, that is, the insurer has the obligation to compensate. If the cause of the loss falls under the exclusion liability, then the insurer has no obligation to compensate, and there will be no right of subrogation. The insurer pays the insurance indemnity.

The time limit for the transfer of the right to claim compensation against a third party is the payment of compensation by the insurer, and this transfer is based on the provisions of the law, and does not require the authorization of the insured or the consent of the third party, that is, as long as the insurer pays the compensation, the right to claim is automatically transferred to the insurer.

Legal basis: Article 60 of the Insurance Law of the People's Republic of China Where an insured accident is caused by a third party's damage to the subject matter of insurance, the insurer shall subrogate the insured's right to claim compensation from the third party within the scope of the compensation amount from the date of compensation to the insured. If the insured has already obtained compensation for damages from a third party after the occurrence of the insured event specified in the preceding paragraph, the insurer may deduct the amount of compensation already obtained by the insured insurer from the third party when compensating the insurance money.

The insurer's exercise of the right to claim compensation by subrogation in accordance with the provisions of the first paragraph of this Article shall not affect the insured's right to claim compensation from a third party for the part for which compensation has not been obtained.

Summary. Article 22 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability In any of the following circumstances, the insurance company shall pay the rescue expenses within the limit of the compulsory insurance liability for motor vehicle traffic accident liability, and shall have the right to recover compensation from the victim: (1) The driver has not obtained driving qualifications or is intoxicated; (2) The accident is caused during the theft and robbery of the insured motor vehicle; (3) The insured intentionally causes a road traffic accident.

In any of the circumstances listed in the preceding paragraph, if a road traffic accident occurs, the insurance company shall not be liable for compensation for the property damage caused to the victim.

Article 22 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability In any of the following circumstances, the insurance company shall pay the rescue expenses within the limit of the compulsory insurance liability for motor vehicle traffic accident liability, and shall have the right to recover compensation from the victim: (1) The driver has not obtained driving qualifications or is intoxicated; (2) Xiaoyan caused an accident during the theft and robbery of the insured motor vehicle; (3) The insured intentionally causes a road traffic accident. In the event of a road traffic accident in one of the major circumstances listed in the preceding paragraph, the insurance company shall not be liable for compensation for the property losses caused by the rolling up disorder.

Hello, dear. If the cover file has been subrogated, the insurance company can recover from the victim. If the driver causes a traffic accident without obtaining driving qualifications, driving while intoxicated, or intentionally by the insured, the insurance company shall have the right to recover compensation from the victim if the insurance company advances the rescue expenses within the limits of the compulsory insurance liability limit for the traffic accident liability of the motor vehicle.

Legal Analysis: Yes. If the accident damage assessment requires the perpetrator to be present, if the insurance company of the vehicle involved in the accident compensates in full, the perpetrator can not go, but the insurance company of the vehicle that caused the accident must have someone present to recognize the damage assessment of the 4S shop or repair shop, and then the car can be repaired, otherwise the injured party will directly repair the car, and the other party or the other party's insurance company will think that the repair shop should not be replaced, and the repair should not be repaired, and the cost of repairing the car is not recognized, it is very troublesome, and it is necessary to go to the price bureau to assess the damage.

Legal basis: Provisions on Procedures for Handling Road Traffic Accidents Article 60 The traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the behavior of the parties in the occurrence of road traffic accidents and the severity of the fault.

1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;

2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault;

3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable.

If one party intentionally causes a road traffic accident, the other party is not liable.