What are the effects of subrogation on the responsible 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. Exercise of Insurance Subrogation ClaimWhen exercising the right of insurance subrogation, when the insurer fails to pay the full amount of the cargo damage due to insufficient insurance, absolute waiver of odds, etc., it is doubtful whether the insurer exercises its direct loss in full in accordance with the autonomy of the parties or is limited to the amount of insurance compensation.

In this regard, from the analysis of the conditions for the exercise of the right of subrogation, the exercise of the right of subrogation should 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.

Exercise of insurance subrogation.

When exercising the right of insurance subrogation, when the insurer fails to pay the full amount of the cargo damage due to insufficient insurance, absolute deductible odds, etc., it is doubtful in practice whether the insurer should exercise its direct loss in full in accordance with the autonomy of the parties or be limited to the amount of insurance compensation. In this regard, we analyze from the conditions for the exercise of the right of subrogation, the exercise of the right of subrogation should 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 for it; 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 of the People's Republic of China stipulates that if the insured has already obtained damages from a third party, the insurer may deduct the amount of compensation that the insured has received 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.

There is a view that the insurer has the right to subrogate the insured to claim compensation from a third party within the scope of the compensation amount from the date on which the insurer compensates the insured. Therefore, from the date on which the insurer compensates the insured for the insurance money, the third party shall pay the insurer the compensation within the scope of the insurance liability. Therefore, if the third party fails to pay in time, it shall pay the financial loss caused by the delay in performance to the insurer.

In the author's opinion, although China's Insurance Law stipulates that the insurer shall enjoy the right of subrogation to exercise the insured's right to claim compensation from a third party within the scope of the compensation amount from the date of compensation to the insured, after obtaining the right of subrogation, whether and when to claim the right against the third party is within the scope of its autonomy of will.

1. What are the consequences of being subrogated?

1. Being subrogated and Yekai will not affect the proportion of responsibility borne by the parties to the dispute, but the insurer has the right to recover from the responsible person within the scope of his claim, and the responsible person will repay the loan in a timely manner without other adverse consequences.

2. Legal basis: Article 60 of the Insurance Law of the People's Republic of China.

If an insured accident is caused by a third party's damage to the insured object, 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 on which the insurer compensates the insured.

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.

2. What to do if a third party is subrogated and recovered.

1. The consequence of being subrogated is that the third party needs to bear the liability for compensation. If the insured accident is caused by the damage caused by the third party to the subject matter of the insurance, the insurer shall enjoy the right of subrogation to the third party within the scope of the compensation amount after compensating the insured for the insurance money;

2. Subrogation does not affect the proportion of responsibility and the responsibilities of the parties to the dispute, and the right party transfers the right to claim to the subrogation party for compensation activities, and does not have a special impact on the claimee.

Legal Analysis: The consequence of recovering the responsible party on behalf of the Sakura is that the insurer has the right to claim compensation for the losses caused by the insured accident to a third party. The right of recourse is an economic right to claim compensation to the person who has paid a certain obligation, and there is a basic contractual relationship between the right of recovery and the person to be recovered.

Legal basis: Article 535 of the Civil Code of the People's Republic of China Where 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 exclusive to the debtor itself.

The scope of the exercise of the subrogation right is limited to the creditor's due creditor's rights. 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.

Being subrogated does not necessarily go to the blacklist. In any of the following circumstances, the People's Court shall include them in the list of persons subject to enforcement who have been found guilty of violating the effective legal documents, and give them credit punishments in accordance with law: (1) They have the ability to perform but refuse to perform the obligations set forth in the effective legal documents; (2) Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats; (3) Evading enforcement by means such as sham litigation or arbitration, or concealment or transfer of assets; (4) Violating the property reporting system; (5) Violating an order restricting spending; (6) Refusal to perform on the enforcement of the settlement agreement without a legitimate reason.

Legal basis

Article 313 of the Criminal Law, where a people's court's judgment or ruling is capable of being enforced but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and their directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Being subrogated, if the repayment is made in time, there are no adverse consequences. If you refuse to pay, you will be summoned by the court, and the liquid bucket will be judged, and if the situation is true, it will be enforced. If the money is still not paid or the money is not paid back after enforcement, detention may be possible.

If you still don't give money in the enforcement stage, it will also affect your personal credit investigation, and you will not be able to handle loans, insurance and other businesses in the future.

Article 60 of the Insurance Law of the People's Republic of China stipulates 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 does not affect the insured's right to claim compensation from a third party for the part of the compensation that has not been obtained.