Compensation, how long is the time limit for car insurance companies to be able to carry out car ins

Common additional insurances mainly include scratch insurance, glass breakage insurance, spontaneous combustion insurance and special engine loss insurance. Scratch insurance is generally only available to new cars that are less than three years old, which is quite practical, but the premium is not low, and the owner can decide for himself according to the actual use of the car. Glass insurance is worth recommending, because 35% of the area of the whole car is glass, and it is not uncommon for the glass to be injured by stones while driving, and the ** of the car glass itself is not bottom, so it can be on it.

As for spontaneous combustion insurance, I don't think it means much for new cars, after all, spontaneous combustion is rare for new cars.

The starting time of the statute of limitations for subrogation is calculated from the date of occurrence of the insured event, and there must be a time difference between the date of completion of the claim and the date of the occurrence of the insured event, which may cause the loss of the statute of limitations for subrogation, so the insured is required to perform certain recovery obligations after the occurrence of the insured event to ensure the continuation of the statute of limitations (in foreign countries, there is a red line insurance clause, and the insurer prints a red clause on the insurance policy to remind the insured to pay attention to the preservation of its right to claim damages against a third party). As for the negotiation between the insurer and the third party who caused the damage to the subject matter of the insurance before the claim is settled, it does not constitute an interruption of the statute of limitations for the insurer's subrogation, so the insurer has not paid the insurance money at that time and does not enjoy the right of subrogation. Even if the insured fails to perform its recovery obligation, the insurer's recovery during the limitation period is sufficient to constitute the interruption of the statute of limitations, and the insured does not need to notify the third party of the fact of the transfer of rights and interests.

Therefore, it is also a method for the insurer to settle the claim in a timely manner and recover from a third party as soon as possible.

Subrogation: If the insured accident is caused by the negligence or illegal act of a third party, the third party shall be liable for the loss of the insured. The insurer may, in accordance with the provisions of the insurance contract or the provisions of the law, pay the insured in advance.

Then, the insured should transfer the right of recovery to the insurer and assist the insurer in recovering from the third-party responsible party.

The so-called subrogation, as the name suggests, is that the insurance company comes to find someone to compensate on your behalf.

In other words, if your car is parked on the road and the perpetrator escapes, you can ask the insurance company to go through subrogation, find someone for you, and then compensate you. Or if there is an accident between the two parties, you are not responsible, and the other party is fully responsible, but the other party does not cooperate, and you are not willing to compensate you are not willing to take insurance, at this time you can also go subrogation to recover.

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.

Legal analysis: The conditions 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.

In the following four situations, you can apply to the insurance company for subrogation: first, the third responsible party refuses or is unable to compensate; second, the third responsible party deliberately delays compensation; Third, after the traffic police determine the responsibility, the third responsible party refuses to sign the liability determination; Fourth, the escape of a third party.

Legal basis: Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability

Article 21 If a road traffic accident occurs in an insured motor vehicle and causes personal and property losses to the victim other than the vehicle personnel and the insured, the insurance company shall compensate within the limits of the compulsory insurance liability for motor vehicle traffic accident liability in accordance with law. If the damage caused by the road traffic accident is intentionally caused by the victim, the insurance company will not compensate for it.

Article 23 Compulsory liability insurance for motor vehicle traffic accidents shall implement a uniform liability limit nationwide. Liability limits are divided into death and disability compensation limits, medical expense compensation limits, property damage compensation limits, and compensation limits for the insured who is not liable in road traffic accidents. The liability limit of compulsory insurance for motor vehicle traffic accident liability shall be prescribed by the insurance supervision and administration agency in conjunction with the public security department, the health department and the agriculture department.

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.

Summary. Hello dear, it's an honor to answer for you; The subrogation recovery of the insurance company is valid for 2 years from the date of subrogation compensation in the traffic accident; If you do not claim compensation within the specified time, you will lose your right to prevail in the lawsuit, and the insurance company can claim compensation in certain circumstances.

Hello dear, it's an honor to answer for you; The subrogation recovery of the insurance company is valid for 2 years from the date of subrogation compensation in the traffic accident; If you do not claim compensation within the specified time, you will lose the right to win the lawsuit, and in certain circumstances, the insurance company can claim corresponding compensation.

Further information: The following conditions must be met for the insurance company to exercise the right of subrogation: 1. The insured has the right to claim damages against a third party due to the insured accident.

The insured's right to claim damages against a third party due to an insured accident is the substantive right exercised by the insurer by subrogation, so the insured's enjoyment of the corresponding claim is an indispensable condition for the insurer to exercise the right of subrogation. 2. The insurer has paid the insurance money to the insured. According to the law, the insured's right to claim damages against a third party can only be transferred to the insurer after the insurer has paid the insurance compensation, and the subject of the right of insurance subrogation is the insurer, and the compensation of insurance money to the insured is the consideration for the insurer to obtain the right of subrogation, and if the insurer has not paid this consideration, it shall not enjoy the right of insurance subrogation.

3. It is limited to the four circumstances prescribed by law, that is, the driver has not obtained driving qualifications or is drunk; The accident was caused during the theft and robbery of the insured motor vehicle; The insured's remorse for intentionally causing a road traffic accident. 4. The amount of the subrogation claim is limited to the amount of compensation paid. The insurer can only subrogate the insured's right to claim compensation from a third party within the scope of the compensation amount, that is, the insurer's insurance subrogation right is limited to the scope of the insurance compensation amount.

Legal analysis: There is no clear provision in the general subrogation law, which is generally about a few months. The subrogation system is in the property insurance, due to the fault of a third party, the insured object suffers losses within the scope of insurance liability; After the insurer has paid the insurance money in accordance with the insurance contract, it may subrogate the insured's right to claim compensation against the third party, Bi Lao, within the limit of its compensation amount.

Legal basis: Article 16 of the Judicial Interpretation II of the Insurance Law of the People's Republic of China Article 16 The limitation period for the insurer's right of subrogation shall be calculated from the date on which the insurer obtains the right of subrogation.

1. Subrogation, also known as subrogation, refers to the loss caused by the third party's liability within the scope of the insured item's insurance liability, and the insurer (insurance company) has the right to obtain the right of the insured (car owner) to claim compensation from the third party in the loss within the limit of the amount it has paid. After the insurer (insurance company) obtains this right, it can replace the position of the insured (car owner) to claim compensation from the third party responsible.

2. Use: The premise of applying for "subrogation compensation" is that you need to take out compulsory traffic insurance and commercial insurance (such as third-party liability insurance, vehicle loss insurance, etc.), otherwise the insurance company will not accept your application.

1) The other party's vehicle is not insured

If the other party's car has just been bought, and there is no insurance, and you happen to have an accident, but the other party's driver will not pay you. You can then have your insurance company reimburse you for the cost of the repair, and then pursue a claim against the party responsible for the damage.

2) The other party has no ability to compensate financially

In many cases of traffic accidents, the driver of the vehicle involved in the accident has no ability to compensate, which also makes the owner of the car who suffered the loss very frustrated. In fact, when you encounter this situation, you can also apply for "subrogation" from the insurance company you have insured.

In some accidents, there will also be some "old men" (the common name of those who refuse to pay arrears or compensation), and after the police give relevant rulings, refuse or postpone the payment of repair costs for various reasons, or even "disappear from the world". At this time, you can also apply for "subrogation" from the insurance company.

4) The other party refuses to sign the traffic accident liability determination

In some traffic accidents, one party has objections to the traffic police's ruling, does not recognize the accident responsibility determination issued by the traffic police and refuses to sign. In this case, you, as the injured party, can apply for "subrogation" from your insurance company.

5) After the other party escaped, there is evidence to prove the information of the vehicle that caused the accident:

Hit-and-run situations in recent traffic accidents are frequent, if after a traffic accident, the other party's vehicle escapes, at this time, you can record the other party's license plate number and car owner's information through **, dash cam or even audio recording, so that you can also apply for "subrogation compensation" from your insurance company.

3. Unusable:

1) There are no accidents caused by a third party.

If the accident is unilateral and no loss to a third party is caused, "subrogation" is not applicable. For example, if the car crashes into the wall by itself, there is no way to use the land and law in this situation.

2) Non-insurance coverage.

In the event of a vehicle accident, such as damaged tires, rotten wheels, scratches on the wheels, scratches on the rearview mirrors, and loss of items in the car, "subrogation" is not applicable to the insurance claim, regardless of whether there is a third party.

Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"