Requirements for subrogation of motor insurance, conditions for subrogation of motor insurance

How to make a subrogation for car insurance:

1) If the third party shall be responsible for the compensation for the loss of the insured vehicle within the scope of insurance liability, the insured shall issue a "Notice of Compensation for Vehicle Loss" to the third party.

2) If the third party does not compensate, the insured shall submit the "Application for Motor Vehicle Insurance Claim" and relevant documents and certificates to the insurer, sign the "Transfer of Motor Vehicle Insurance Rights and Interests", and transfer the right to recover from the third party to the insurer in writing.

3) The insurer shall adjust the compensation and pay the compensation in accordance with the insurance contract.

4) After the insurer compensates, the business processing department shall close the case and register it, and indicate "subrogation compensation case".

5) The relevant departments organize the recovery work from the third party.

6) After subrogation, the recovered amount will be offset against the compensation.

7) If the amount recovered by the insurer from a third party exceeds the amount of insurance compensation, the excess part shall be returned to the insured.

1. Only two-car accidents can be used: The only situation that the principle of subrogation of car insurance is aimed at is a two-car accident, and only when a two-car accident occurs, the car owner can use car insurance subrogation. In the case of a single vehicle accident, this principle of subrogation is not applicable.

2. The other party is fully responsible or primarily liable: car insurance subrogation mainly refers to letting one's car insurance company recover its own compensation on its behalf. At this time, it is required that the main responsibility for the accident is not oneself but the other party.

The principle of subrogation in motor insurance can only work if the other party is fully or primarily liable. In other cases, this right cannot be used.

3. The other party does not compensate or is unable to compensate: When a traffic accident occurs and the other party is fully responsible, we are still very likely to encounter the other party although the other party bears the main responsibility, but the other party or the other party's insurance company is unwilling to pay the relevant compensation. In this case, it is in line with the principle of subrogation of motor insurance.

At this time, the car owner can apply for his own car insurance company to carry out car insurance subrogation.

4. Car insurance subrogation is not a single principle: the principle of car insurance subrogation does not mean that car owners can use it if they want to, they need to communicate with their car insurance company before using it, and they can only use car insurance subrogation after obtaining the permission of the car insurance company. Otherwise, it cannot be executed.

5. Don't give up car insurance subrogation easily: In the principle of car insurance subrogation, car owners should not use the principle of car insurance subrogation at will. Because when the car owner uses this right, it is equivalent to giving up the right to take the initiative to settle claims.

Insurance subrogation is a basic system in insurance law, the purpose of which is to provide double protection to the insured to ensure that the insured's losses are adequately compensated. At the same time, it will not benefit the insured excessively due to insurance payouts. For the establishment of a subrogation claim, in accordance with the provisions of the law, the following elements should generally be met before it can be established:

1. The insured 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; 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 insured object belongs to 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 no subrogation will arise;

3. The insurer pays insurance compensation. 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.

Article 6 of China's Insurance Law stipulates the situation of "subrogation", that is, "if the insured accident is caused by the damage of a third party to the insured vehicle, the insurance company shall first pay compensation to the insured within the compensation amount, and then subrogate the right of the vehicle owner to claim compensation from the third party." Therefore, according to the provisions of this article, the conditions for the claimant to be entitled to apply for subrogation are: first, the accident falls within the scope of insurance liability; second, car damage insurance; Third, the liability for the accident is clear, there is a third responsible town bureau, and the insured has not waived the right to claim.

Legal basis: Article 60 of China's Insurance Law stipulates the situation of "subrogation recovery", that is, "if the insured accident is caused by the damage of a third party to the insured vehicle, the insurance company shall first pay compensation to the insured within the compensation amount, and then subrogate the right of the car owner to claim compensation from the third party." "Therefore, according to the provisions of this article, the conditions under which the claimant is entitled to apply for subrogation are:

First, the accident falls within the scope of insurance liability; second, car damage insurance; Third, the liability for the accident is clear, there is a third responsible party, and the insured has not waived the right to claim.

Legal analysis: The requirements for subrogation of auto insurance are as follows: 1. The accident falls within the scope of insurance liability; 2. Insured with car damage insurance; 3. The liability for the accident is clear, there is a third responsible party, and the insured has not waived the right to claim.

Insurance subrogation, also known as insurance subrogation, refers to the right enjoyed by the insurer to subrogate the right of the insured to claim compensation from a third party who is liable for the damage caused to the subject matter of insurance.

Legal basis: Article 60 of the Insurance Law of the People's Republic of China provides that if 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 received compensation for damages from a third party after the occurrence of an insured event provided for in the preceding paragraph, 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 shall not affect the insured's right to claim compensation from a third party for the part for which compensation has not been obtained.