A recourse requirement is the opposite requirement in civil law. Regression requirement: description, features and characteristics

A recourse requirement is a legal norm that relates to the financial and insurance fields of the economy. More often than not, lawyers dealing with civil claims face this concept. According to the established rules, the organization that reimbursed the damage can take advantage of the insurer's recourse claim and demand compensation from the perpetrator in the amount of the compensation paid. This rule is laid down in Art. 1081 GKRF and other normative acts. Often, this law is used by insurance organizations, thus trying to minimize losses.

What is a recourse requirement

This concept is often found in claims aimed at reimbursement of insurance companies' expenses, and such claims are addressed to the perpetrators of the accident. Such a rule first appeared in the banking and financial sector. The bank applied recourse to a person who issued an invalid bill, under which the bank had already paid. An integral part of the recourse requirement is a direct claim to the courts.

How does the right of recourse requirements work?

A recourse requirement is an asset of the insurance company itself, which it is trying to implement. The amount of possible compensation in this case is limited to the amount of insurance payments. This rule is laid down in clause 1 of Article 1081 of the Civil Code of the Russian Federation. In addition, the insurance organization may request compensation for expenses that arose in the review of insurance claims or in the consideration of a case in court. In the latter case, this item must be included in the statement of claim.

Insurance claims for OSAGO

The most common variant of occurrence of the regressive requirement is a presentation of claims on the policy of OSAGO. The insurer is more likely to request a cash payment in the following cases:

• If the harm to the health or life of the victim is caused by malicious intent. For example, hitting, if it was made specifically, and this was proven in court, is the reason for demanding a cash payment from the guilty person.
• If the damage was caused due to a person acting in a state of alcoholic or narcotic intoxication. Evidence of this fact can serve as certificates of medical examination. The insurer's recourse requirement can not be satisfied if the fact of alcoholic intoxication (or narcotic) has not been proven by medical workers. Such acts are attached to the case and can serve as evidence from one side or the other.
• If the damage in the accident was caused by a person who at the moment did not have the right to drive the vehicle. This means that the recourse claims of the insurance company have a legally reliable basis if the violator did not have a driving license or was deprived of him for previous traffic violations.

Other cases of application of the recourse requirement

This compensation is not really relevant in cases of malicious violation of the rules of conduct in the event of an accident. However, to use this paragraph of the law, the representative of the insurance company must prove that the culprit of the accident really disappeared from the scene. The administrative protocol that recorded the fact of committing such an offense will not be sufficient evidence in court. The materials of the lawsuit must be accompanied by data on the attraction of the driver to administvity. The representative of the insurance organization is obliged to present facts convincingly proving that the driver intentionally left the place of the road accident.

A recourse claim based on an insurance contract

The policy of car insurance usually indicates the persons allowed to manage the insured vehicle. If the damage was recorded, the culprit was a person not included in the contract for compulsory motor TPL insurance as a driver admitted to driving, then the insurance company has the right of recourse.

This kind of requirements will be very likely, if in the insurance contract there was a clause limiting the number of persons authorized to manage the insured vehicle. The contracts on compulsory motor third party liability insurance should be concluded with due regard to this requirement. Limitations in the use of the insured vehicle are as follows:

• The list of persons having the right to manage an insured car is indicated;
• The period in which use of the given vehicle is possible within the limits of insurance terms is designated;

If the insurance contains a clause on the circle of persons admitted to the management of the vehicle, the name of the drivers authorized to drive the vehicle must be indicated in the policy.

For citizens, limited use of the car for a period of time means that the car can be used for a certain season. For example, for cars-cabriolets the limit of use is limited to the warm season, but snowmobiles make sense only for the winter period. Organizations and enterprises can also take advantage of "seasonal" insurance, applying the insurance period to watering and snow machines in different seasons.

If there is an insurance event in case of violation of these conditions, the insurance company does not have the right to refuse payment, since these restrictions are not included in the list of items according to which the payment can be refused. But, violating the terms of the insurance contract, the insured driver expose himself to the risk of running into the recourse claims of the insurance company.

Technical inspections and recourse requirements

Our legislation does not agree on the date of acquisition of the insurance policy with the time of issue of the technical inspection coupons. Meanwhile, in 2012, the provision came into force, according to which the car owner must provide by his own means timely passage of state inspection of cargo, passenger taxis, a lorry, a passenger bus and some other modes of transport. If, at the time of the occurrence of the insured event, the validity periods of the technicals expired, the insurance company has the right to file a claim, and the recourse requirement for OSAGO in this case will be satisfied.

Cases provoking recourse requirements

In particular, the insurance organization has the right to claim a compensation payment:

• If the "culprit" of the occurrence of an insured event is the malfunction of the car;
• If the fault has already been detected by the inspection operator, but the data on it have not been entered into the diagnostic card.

What to do if the insurer makes a recourse claim

In such a situation, each car owner may find himself, therefore it would be superfluous to designate an algorithm of actions in which the claims of insurers can be arbitrarily challenged in a judicial procedure.

At the first stage it is recommended to find out whether the insurance company is really entitled to make recourse claims. This can be clarified by re-reading the previous paragraphs of this article.

It is not necessary to make concessions to insurers and immediately give consent to compensation on a recourse demand. Accident or other incident that caused damage to property or health must be proved both from the point of view of the victim and from the point of view of the perpetrator of the tragedy. First of all, the base for the claim should be the transfer to the victim of the insurance compensation. If such a payment was refused, all claims of insurance for regress can be safely rejected.

Please note that the right of recourse arises from the insurer only when the insurance payment is transferred to the victim!

Claim amount and statute of limitations

The defendant can appeal against the claims of the insurance company if the amount of claims exceeds the insurance payments made. According to the law, the amount of recourse should not exceed the real amount of insurance payment. Also, you should make sure that the limitation period has not yet expired - otherwise the insurer's recourse requirements will automatically be rejected.

The beginning of the statute of limitations may be considered the moment when the insurer fulfills the obligation to pay insurance compensation. The culprit can not object to the insurer's recourse requirements, if the deadlines for filing claims have not yet expired.

And remember that only proven fault in a traffic accident gives the insurance company a reason to hope for a positive decision of the court for regress. If the actions of an individual caused the occurrence of an insured event, but for a number of reasons a person has not been found guilty, all claims of the insurance company for recourse have no valid reasons.