Redemption of cases under compulsory motor insurance - Your lawyer

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Participation in an accident is always associated with time and financial costs. But for car owners, an often unpleasant surprise is the refusal of the insurance company to fulfill its obligations in full. And the car owner risks receiving compensation in a much smaller amount than the planned repair costs.

The only possible option is litigation with the insurance company (IC). But there is an alternative option. This is the sale of accident insurance to relevant organizations. They pay the owner a slightly smaller amount, and then independently collect the funds from the insurance company in full.

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When can you sell an accident insurance case?

An insurance case can be purchased from a car owner if it meets several conditions:

• All necessary documents have been collected.
• According to the terms of the contract, the client of the insurance company has the right to receive compensation.
• An organization specializing in the purchase of insurance cases in case of road accidents can make a profit as a result of collecting the required amount from the insurer.
• The insurer deliberately underestimates the amount of payments, and the owner does not have the opportunity to independently take part in the legal proceedings.
• The insurance company is deliberately delaying the payment of compensation. The vehicle received serious damage and the owner is forced to begin repairs at his own expense.

Attention
If the insured event corresponds to at least one of the above situations, then the car owner has every chance to sell the insurance case for an accident.
The proceeds from the ransom will be slightly less than the amount of compensation from the insurance company received in court. But an undeniable advantage will be receiving funds without any delays.

What is the insurance business and who handles the claims?

Insurance business is the documentary base necessary to obtain material compensation in the event of an insured situation. After an accident, this is documentary evidence of the accident that occurred and its circumstances, drawn up in accordance with the law.

Buying out accident insurance is a relatively new service, which in some cases makes life easier for car owners.

Today, many collection companies have appeared that buy out the insurance company’s debt from drivers awaiting compensation. These companies operate in a similar way to the banking system, where debts of individuals or legal entities are transferred to the firm for collection.

When making such transactions, it is necessary to rely on the law. The redemption of insurance cases is regulated by Art. 382 of the Civil Code of the Russian Federation.

The practice of selling insurance cases is becoming increasingly common among car owners, since, judging by reviews, it allows drivers involved in an accident to quickly receive money to restore a damaged car.

Insurance cases are purchased by firms that specialize in collecting debts from insurers. The company buys out the insurer's debt and immediately pays compensation to the driver from its own assets. They then resolve all other issues with the insurance company independently.

As a rule, such organizations offer related expert and legal services.

Such services are needed when insurers deliberately underestimate the amount of damage in order to save on payments to the client, and an independent examination will reveal the real state of affairs.

The procedure for buying out an insurance case for an accident does not contradict the law and is prescribed in the Civil Code of the Russian Federation (“Law on the Organization of Insurance Business”) as a procedure of assignment (assignment) - transferring the right to third parties to claim insurance compensation.

A written assignment agreement is concluded between the car owner and the collection agency, which spells out all the nuances of cooperation.

The law allows the parties to a transaction to enter into an agreement without the prior consent of the insurance company.

Insurance Purchase Law

The legislative framework of the Russian Federation contains a number of normative documents that clearly regulate the relationships of all participants in the insurance contract. Documents required for study include:

• Article 382 of the Civil Code of the Russian Federation. It specifies the procedure for transferring the right to receive compensation to a third party, as well as a list of grounds for assignment.
• Law of the Russian Federation “On the organization of insurance business in the Russian Federation” No. 4015-1.
• And also Federal Law-40, published on April 25, 2002 and called “On Compulsory Motor Liability Insurance”. It regulates the rules for receiving compensation, the grounds for determining the amount of compensation and other equally important nuances.

A thorough study of the regulatory documentation gives the participant in an accident the opportunity to defend their rights and demand compensation for damage.

Types of redemption of insurance cases for road accidents

For your information,
the legislative framework of the Russian Federation contains a document regulating the relationship between the insurance company and its client. We are talking about regulation 4015-1, called “On the insurance business in the Russian Federation.” All actions of the insurance company, the participant in the accident and the third party (assuming obligations to receive compensation) are regulated by this provision.

There are two main options for purchasing insurance in case of an accident:

• Transfer of powers of the injured party to a third party on the basis of a power of attorney. But this method of buying out insurance cases for a traffic accident is not widely popular. It is necessary not only to have the document certified by a notary, but also the power of attorney does not reflect the entirety of the concluded transaction. It cannot indicate the fact that the funds received are legally transferred to the collectors. And also the moment of transfer of money itself is not specified.
• Assignment of interests on the basis of an assignment agreement. The document states that the debtor remains the same, and only the copyright holder changes. And after the conclusion of the assignment agreement, the right to receive compensation passes to the collection agency.

Attention
The insurance company does not have the authority to prohibit a participant in an accident from entering into an assignment agreement with collectors.

Should you sell your accident debt?

Firstly, the redemption of debts under CASCO is carried out on the same basis as the redemption under MTPL, that is, under a recession agreement concluded between the parties. The only difference between the insurances is that the debt repurchaser under CASCO will not refuse to sign the agreement, since the deal is obviously winning.

Secondly, not the entire amount for car repairs will be paid, but only a part of it. Experts can only tell you the exact cost after analyzing the accident and the nature of the damage. As a rule, no more than 70% of the maximum possible amount according to a court decision is paid. On the one hand, the driver does not receive all the money, but on the other hand, the insurance company could offer conditions slightly worse than those provided for in the recession contract. On the day when the debts under CASCO are redeemed by the law firm, the participant in the accident automatically relieves himself of all problems related to proceedings with the insurance company.

Thirdly, documents for the car, a certificate of accident and damage will need to be provided. Without either, no proceedings with the insurance company can be conducted. If the papers are lost for some reason and cannot be restored, the company will not enter into a recession agreement.

Fourthly, the minimum time frame for reviewing an application and making a decision. As a rule, the amount to repair car damage is determined within 24 hours. This is very convenient for those who do not want or are unable to wait.

Advantages and disadvantages of the procedure

When deciding to sell an accident insurance case, you should remember that there are certain disadvantages of this action:

• The need to pay for the services of a collection agency. The amount of payment directly depends on the amount of compensation and is often a fixed percentage.
• To sell an insurance case, the participant in an accident will have to prepare a package of documents.
• Not every collection agency is ready to conscientiously fulfill its obligations towards the owner. The risk of entering into an agreement with scammers is very high. This is what forces the car owner to carefully select collectors and study all offers on this market.
• Filing a claim in court allows you to count on the full cost of compensation. In case of interaction with an organization, the amount of payments will be slightly less.

But turning to collectors also has a number of undeniable advantages. Some of the most significant advantages of buying out insurance in case of an accident include:

• The minimum period of time from the moment of application until payment is received.
• There are no legal costs.
• The payment amount is adequate to the damage, without underestimating the cost of parts and labor.
• There is no need to attend the trial in person.

In case of dishonest work of the insurance company and lack of time for legal proceedings, turning to collectors will be the optimal solution to the problem of payments.

Advantages and disadvantages of buying out insurance cases in case of an accident for insurance companies

Just like for the owner of the car, there are a number of certain disadvantages for the insurance company when selling insurance to collectors:

• 100% guarantee of participation of the insurance company as a defendant in the trial. The plaintiff will be a lawyer with a high level of qualifications, and not a participant in the accident.
• Such a serious opponent has every chance of receiving 100% compensation for damage.

It should be understood that for representatives of the insurance company there is not a single advantage of buying out an insurance business by a collection agency.

Advantages and disadvantages of buying out insurance in case of an accident for collectors

Considering the situation from the point of view of a collection agency, one can see a number of disadvantages that are associated with the purchase of an insurance case in case of an accident:

• The need for proceedings with representatives of the Investigative Committee. The process can be protracted and accompanied by serious conflicts.
• In 95% of cases, it is necessary to go to court in order to receive the full cost of compensation.

But we should not forget that there are a number of undeniable advantages. These include:

• Net profit, consisting of the difference between the full insurance payment and the amount issued to the client. The profit margin, in some cases, can be quite significant.
• Possibility of reducing the amount of payments to the client in case of mistakes made when preparing documents. For example, when filling out a protocol.

Attention,
the collection agency has the right to independently make decisions on the acquisition of insurance cases for road accidents. If for some reason it does not seem profitable or the amount of expected profit is minimal, then the company has the right to refuse a potential client.

How to choose the right company to sell insurance?

Not every vehicle owner knows the basic rules for choosing a collection agency. An ill-considered approach and contacting the first organization you come across leads to disappointment or a disappointing result of the transaction.

When choosing collectors to sell insurance in case of an accident, you need to follow a simple algorithm of actions:

• Do not trust the company's promises to pay 100% of the damage. This contradicts elementary logic, because collectors charge a certain amount for their services, which will be deducted from the insurance company’s debt to the participant in the accident.
• There is no need to rush to transfer the case to collectors. Experienced car owners recommend contacting the insurance company to understand how the insurer will behave and what amount you can expect.
• Having decided to sell accident insurance, you must carefully study the contract. It is recommended that you read all footnotes and fine print carefully. In the absence of legal experience, the best solution would be the help of a professional lawyer or a more experienced friend. And only after carefully studying the document can you certify it with your signature.

Additional information
A smart decision would be to study reviews about the chosen agency.
You should not trust the information posted on the company’s website, supposedly on behalf of grateful clients. In their place may well be a system administrator or a specially hired employee of a third-party company. Who will not only write rosy and optimistic words of gratitude, but also easily post them on the collection agency’s website.

Conditions and required documents

A prerequisite for selling road accident insurance under an assignment agreement is the preparation by the client of a certain package of documents. It includes:

• Passport of a citizen of the Russian Federation issued to the owner of the car.
• A driver's license confirming the right to drive a vehicle of this category.
• Vehicle passport (or, if it is missing, a duplicate).
• A correctly drawn up report from the scene of the incident.
• Bank details where funds need to be transferred.
• Copies of receipts, if the owner independently restored the vehicle without waiting to receive payments from the insurance company.

If the owner has in hand an independent expert report aimed at assessing the amount of damage, then it can also be attached to the main documents.

IMPORTANT

A mandatory condition for the purchase of insurance is a current MTPL or CASCO policy, which was in force at the time of the accident.

Who is doing it and for what purpose?

Of course, you can follow the usual scenario and sue the debtor. Experience shows that the entire process can last from 3 to 6 months, and sometimes even a year. Material costs should also be added to the time spent. Today, paying for a lawyer’s services will cost from 25 to 50 thousand rubles, some of which will be reimbursed by the court. However, such money is not always at a person’s disposal.

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Just in such a situation, our company will immediately pay you for the redemption of debt or refusal - from 30 to 80% of the total debt. We draw up an agreement with you, after which we independently collect the debt from the insurer.

This is a list of documents that make it possible to receive insurance compensation in case of an accident.

This is the main list of documents that are necessary for the purchase of an insurance business.

The purchase of insurance cases is mainly carried out by specialized companies that offer their clients quite favorable terms for processing the transaction.

Of course, all companies that offer insurance purchase services to vehicle owners primarily pursue the goal of generating income.

In some cases, they may require payment of a certain amount of money for services provided to the client.

At the same time, you also need to know that such companies offer comprehensive customer service, which includes full support of the transaction (providing legal advice, drafting the text of the contract, negotiating with the insurance company, etc.).

The redemption of an insurance business complies with the laws of the Russian Federation; this process is sanctified in the Civil Code. The process has a name - assignment (transfer of the right to insurance compensation). An assignment contract is concluded between the company and the car owner, which clearly states all the obligations of both parties.

This practice is becoming more and more popular every day, because it allows car owners to receive funds for car repairs after an accident without spending extra effort and time.

The buyout is carried out by companies that have experience and specialization in collecting debts for compensation from insurance entities. The company purchases and pays compensation money from its own funds, and then collects the money from the insured person.

This is done by companies based on proofreading services. The firm's staff consists of experienced and qualified auto lawyers. They will help you get money in a short time. Then they themselves demand compensation to reimburse the debt from the insurer.

If we take into account the fact that the company that makes the repurchase benefits from the difference in the amount given to the person who contacted them and demanded from the insurance person, it is not in all cases profitable to assign the insurance business.

This step is justified in cases where:

1. The compensation amount presented by the insurer is significantly and unreasonably underestimated;
2. In case of refusal of compensation;
3. In case of deliberate delay or delay in the process of payment of compensation by the insurance company;
4. When the only way to solve a payment problem is through litigation;
5. The insurer does not have the financial ability to compensate for financial damage.

Redemption of insurance claims for road accidents occurs in two legal ways:

• conclusion of an assignment agreement (full sale);
• execution of a power of attorney (representation of interests).

Automotive lawyers and various organizations make purchases mostly through assignment. This method gives them the opportunity to cut up to 30% of the insurance payment due to the client. During the process, a purchase and sale agreement is drawn up. The seller and buyer in this case are called assignor and assignee.

Executing a power of attorney does not transfer rights to the buyer, but only allows a third party to manage on behalf of the client. Formally, this is not a sales contract. The method is also called fictitious ransom. Buying out an accident insurance claim by proxy is good because the client has the right to claim 90% of his insurance.

Both methods are also bad because the insurance company is obliged to pay a fine of 20% and other penalties, which are unlikely to reach the client. In this situation, the car lawyer will receive much more than he invested.

Full redemption procedure

The procedure for buying out an insurance case for a traffic accident is not particularly difficult and includes several stages:

• Search for a collection agency that is ready to buy the insurance company’s debt and immediately provide funds in an amount that suits the car owner.
• Discussion of the terms of the deal.
• Preparation of the necessary package of documents for concluding an assignment agreement.
• Signing the assignment agreement.
• Collectors send a notification to the client's insurance company that the debt has been assigned.
• The next stage is the work of collectors and representatives of the insurance company. The owner of the car does not take part in the trial.

By choosing the right collection agency, the car owner receives a slightly smaller amount than with 100% payment of compensation from the insurance company, but saves a significant amount of time and is spared from conducting an independent examination and participating in litigation.

Redemption procedure

Of course, in practice, many vehicle owners prefer to have such agreements certified by a notary, but this is not a mandatory legal requirement.

The contract must also stipulate who exactly should send a notification to the insurance company about the conclusion of the assignment agreement.

In practice, such an obligation is mainly provided for the redeemer, but in the text of the contract it can also be assigned to the victim.

It is advisable to send it by registered mail with acknowledgment of receipt to avoid any problems in the future.

After concluding the assignment agreement, the redeemer may make a claim for payment of insurance compensation.

But it is necessary to remember that this must be done within the period provided for by law for filing claims for payment of insurance compensation in case of an accident.

After concluding the assignment agreement, the injured party ceases its participation in legal relations with the insurance company: its place is taken by the redeemer.

In fact, this is the most convenient solution to the problem for those who do not want to waste their time on disputes and proceedings with the insurance company.

The transfer of rights is regulated by Part 3, Art. 382 of the Civil Code of the Russian Federation. A ban on the sale of insurance is sometimes added to the CASCO agreement. Be careful when drawing up an insurance contract or trying to sell your rights (clause 2, article 382 of the Civil Code of the Russian Federation).

Transfer of rights to compensation after an accident is possible only after an assignment contract. According to the contract, a company assigned to this specialization can sue:

• Money;
• Property;
• Property rights.

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In order for everything to take place within the legal framework, you need to send a notice to the defendant who owes damages. Then it is mandatory to notify the company that issued the insurance policy about the transfer of the insurance business to a third party.

An assignment contract is drawn up in order to transfer the authority to recover damages from the insurance company to a firm specializing in such cases. The contract must be certified by the signatures of both parties and drawn up in the required form.

Such contracts are subject to registration, and the procedure for conclusion is regulated by Article 389 of the Civil Code of the Russian Federation.

In the process of concluding an assignment contract, the company that has received the right to compensation for damages must provide papers that confirm the debt of the defendant. This point is spelled out in Article 385 of the Civil Code of the Russian Federation.

The car owner may be required to provide information about whether the debtor has outstanding debts to any organizations. Alternatively, if the insurance company itself has such debts, then the sale of insurance rights becomes much more difficult, sometimes not at all possible.

Required papers

1. Passport;
2. Driver's license to drive vehicles;
3. Technical passport of the damaged car;
4. A protocol from the scene of the accident, certified by the stamp of the traffic police, which indicates all damage to the vehicle.
5. Original receipts for your expenses due to the accident;
6. Bank details for transferring funds.

After the car owner collects the entire package of papers, a contract is concluded and at the same moment a notification about this event is sent to the insurer. This is done in writing.

As a rule, after a traffic accident, a person with insurance hopes that he will be able to obtain legal compensation himself without incurring special costs. But, alas, life is not so simple. Many people give up before reaching the halfway point.

Some fight to the last for their legitimate money. If the car owner begins to give up, then it’s worth using the services of a company, which, in turn, will itself exact a hundred percent payment from the malicious debtor.

Five golden rules when choosing a company:

1. You should never apply for this service on the day of the accident;
2. There is no need to trust the appraisal expertise, so to speak, by eye. Only based on the documents presented;
3. You need to avoid those companies that promise 100% compensation.
4. Assignment contracts should always be drawn up after the defendant in court has refused to pay damages;
5. Always re-read the entire contract very carefully, down to the last line, and only then sign.

Firms that have purchased an insurance business will eliminate the possibility of being deceived by a debtor or suffering from the unprofessionalism of the insuring company.

Also, in order to avoid getting into an unpleasant situation, you should only contact a trusted and reliable company.

Drawing up an agreement to buy out insurance in case of an accident

A transaction for the sale of an insurance case for an accident will be recognized as legal only if the assignment agreement has been correctly drawn up. After reviewing it, it must be signed by both parties: the collector and the participant in the accident. When drawing up a document, the organization’s lawyers must be guided by Article 389 of the Civil Code of the Russian Federation. Article 385 of the Civil Code of the Russian Federation is also taken into account. It clearly regulates the moment of providing documents that confirm the existence of debt.

The agreement must indicate the bank details of both parties, as well as standard information (name of institution, full name and registration address of the client, number and series of passport, etc.). The document also states the amount received by the owner of the car.

assignment agreements for the purchase of insurance cases in case of road accidents in WORD format.

Full redemption of the insurance dossier

If a victim in a traffic accident has collected a complete list of documents and decided to contact a collection company, an assignment agreement (sale of rights to claim insurance compensation) is drawn up there. A written notification is issued to the policyholder, in accordance with Art. 382 of the Civil Code of the Russian Federation, on the official transfer of rights to receive payment of debt from a private person to another creditor, for which the consent of the debtor is not required. But it is necessary to notify the policyholder by registered mail with return notification, or by telegram, or by courier, when there is confirmation of the procedure performed.

ATTENTION !!! To assign the right to receive compensation for the restoration of a car, you do not need to ask for the consent of the policyholder.

Before signing the document, the car owner should carefully study all the materials of the contract.

The contract must include:

• passport details of the car owner and details of the collection company purchasing the insurance debt.
• data on the incident that is the basis of the claim against the insured.
• the content of the contract is the purchase of obligations.
• the amount of payment made by the company.
• list of attached documents.

Purchasing insurance under a CASCO company is no different from a compulsory motor liability insurance agreement. But CASCO insurance sometimes contains a clause prohibiting the transfer and sale of debt, which is stated in clause 2 of Article 382 of the Civil Code of the Russian Federation.

The assignment agreement is drawn up in writing and requires mandatory state registration. Certified by two signatures, one from the car enthusiast and the other from a person representing the buyer's law firm. The form of drawing up the contract is regulated by Art. 389 of the Civil Code of the Russian Federation.

According to Art. 385 of the Civil Code of the Russian Federation, the previous creditor (insured) is obliged to transfer a complete package of documents confirming the debt of the third party (the policyholder) to him.