How to operate car insurance recovery, car insurance subrogation recovery conditions

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.

If the conditions for subrogation are met, you can contact the insurance company directly. 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 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; Secondly, according to the law or contract, the third party is liable for the loss of the subject matter of the insurance, 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 claim arises.

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.

The process of subrogation for car insurance:

1. The third party shall be responsible for compensation for the loss of the vehicle within the scope of insurance liability, and the insured shall issue a notice of compensation for the loss of the vehicle to the third party;

2. If the third party does not compensate, the insured shall submit an application for motor vehicle insurance claim to the insurer, and the right to recover from the third party shall be transferred to the insurer;

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

4. After the insurer compensates, the case shall be closed and registered, and the subrogation compensation case shall be indicated;

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

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

Subrogation refers to the right of the insurer to claim compensation from the third party after paying the insurance compensation to the insured after the insurer pays the insurance compensation to the insured. Subrogation applies to all property insurance terms and is an obligation that insurance companies must fulfill.

The requirements for the establishment of the right of subrogation are: the insured's right to claim compensation for losses against a third party due to the insured accident. If the insured accident is caused by a third party, the third party shall be liable for the loss of the insured object, and the insured shall have the right to claim compensation for it; 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 is excluded, the insurer has no obligation to compensate and will not give rise to 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, which is based on the provisions of the law and does not require the authorization of the insured or the consent of the third party, and the right to claim is automatically transferred to the insurer as long as the insurer pays the compensation.

The role of subrogation in motor insurance 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. Subrogation of auto insurance means that when the loss within the scope of insurance liability occurs due to the fault of a third party, the insurance company will obtain all the rights and compensation of the insured for the loss after paying the insurance money in accordance with the insurance contract, and can directly claim against the third party in the name of the insured or file a claim lawsuit.

Subrogation of motor insurance.

means the right of the insurance company to recover from a third party.

Subrogation of motor insurance is part of the insurance law.

If the third party who is liable for the loss of the insured object does not cooperate in making a claim, then the insured can apply to his own insurance company for a claim and transfer his claim to the insurance company, which will make a claim against the third party.

The process of applying for subrogation recovery:

1. Submit the accident certificate to the insurance company you insure.

Driver's license, ID card.

Vehicle insurance certificate and relevant information of the driver who caused the accident;

2. Find a 4S store.

Assist in damage assessment, car repair, form filling, etc.;

3. Wait for the other party's reconsideration, and the reconsideration time is 15 days;

4. After the vehicle maintenance search is completed, pay the maintenance costs in advance, and then go to the claim point of the company that purchased the insurance for your own vehicle for reimbursement;

5. Shiqingmo cooperated with the insurance company and relevant departments to investigate the perpetrator.

2.Damage assessment and repair: Repair the car at a maintenance point above the second class according to the maintenance items determined by the insurance company's damage assessor.

3.Wait for the other party to reconsider: The reconsideration time is 15 days, and the other party will receive a notice from the traffic police during the reconsideration period.

4.Obtain insurance compensation: After the vehicle repair is completed, the maintenance fee will be paid in advance, and then the insurance company's claim point will be used for reimbursement.

6.Case Closure: Closing the case after obtaining compensation from the perpetrator through legal means.

Process for applying for subrogation:1. Submit the accident certificate, driver's license, ID card, vehicle insurance certificate and relevant information of the driver to the insurance company you insured.

2. Find a 4S shop to assist in the process of damage assessment, car repair, filling or form, etc.

There are three main reasons for the right of subrogation:

1. Infringement. The loss of the subject matter of insurance is caused by the intention or negligence of a third party before the erection is closed.

2. Contractual liability. The third party's breach of contract causes the loss of the subject matter of the insurance.

3. Unjust enrichment. Subrogation arising from civil liability arising from unjust enrichment of a third party.