Buying out insurance cases for road accidents in Crimea

Features of the insurance purchase service

Situations when a driver involved in an accident complains about red tape, delays in payments or underestimated compensation amounts are quite common. Even if money is paid, for some reason it is very little to make normal repairs. And this is from a private owner, not to mention decent car services. There are also cases when insurance money is simply denied . Then the car owner has no choice but to go to court. But this is not enough. An independent examination is required. This may include research into the condition of the vehicle, trace studies, and damage assessment. And for each expert opinion you need to pay money. To this you need to add the cost of filing a claim, the services of an auto lawyer or attorney, pay for a power of attorney, and so on ad infinitum. Ultimately, huge amounts of money are spent.

The whole process can take up to a year, and there is no certainty that the money will be paid in full.

To avoid all this, there is a service for buying out insurance cases after an accident under compulsory motor liability insurance, which our company offers. We guarantee our clients to receive money on the same day they apply.

The algorithm of our actions is simple:

• 1Our company pays you the amount that the insurance company did not pay you.
• 2Our company’s specialists resolve issues with insurers themselves.

You are spared the headache of an upcoming lawsuit and the costs associated with it. But besides this, there are other significant benefits that the client receives by entrusting his insurance business to us.

How to choose the right company for the assignment of rights?

In every corner of Russia there are enough companies offering insurance purchase services. Ads of this kind can be found on the Internet and in the media. But you should not completely trust resellers. It is important for the victim of an accident to realize that the assignee is an entrepreneur who cares, first of all, about his own benefit. Therefore, many of the reseller’s statements are just advertising gimmicks.

To choose a reputable reseller and achieve the most favorable offer for yourself, you should adhere to a number of rules:

• do not enter into an assignment agreement rashly - immediately after an accident or on the day of contacting the reseller;
• do not deal with companies that guarantee full compensation for damage caused;
• carefully study the terms of the agreement for the assignment of rights of claim, and if they still remain unclear, involve a lawyer for clarification.

Urgent purchase of insurance cases for road accidents under normal conditions takes a few days, not a few hours. The copyright holder should be wary of the promise of payment on the day of application.

1. An expert assessment is needed to assess the damage. The procedure can indeed be carried out by independent experts at the initiative of the reseller. However, it requires long and painstaking work. For minor damage, the inspection takes half an hour. In case of serious damage, it takes an expert several hours to identify hidden defects. It takes even more time to draw up a conclusion (description of identified defects, calculation of damage caused using formulas, determination of the amount of lost marketable value).
2. Transferring the expert opinion to the legal department, having it read by specialists, establishing the completeness of the insurance case and analyzing the prospects for further proceedings with the insurer takes no less than a working day.
3. A self-respecting reseller company prepares for negotiations on the amount of compensation for at least two working days. Excessive efficiency implies assessing the damage “by eye” and a willingness to agree with the expert opinion of the insurer. An offer to issue money immediately means an inevitable understatement of payments.

Important! The offer of full repayment of the damage is not true. If the reseller’s representative claims to be ready to compensate for losses in full, there is a catch. Most likely, it is hidden in the wording of the assignment agreement.

You should not go to a dealer immediately after an accident. In any case, you will have to file a claim about the occurrence of an insured event and form an insurance case yourself. It makes sense to personally contact the insurer with a claim in the manner established by 40-FZ “On compulsory insurance of civil liability of vehicle owners” or a CASCO agreement. And only if the compensation turned out to be incomplete or untimely, sell the right to collect the entire or remaining amount. The assignment agreement contains provisions on the transfer to the reseller of rights to:

• insurance premium in connection with an accident;
• penalties;
• reimbursement of legal costs.

An agreement cannot be considered an assignment if it mentions the rights of the reseller:

• represent the interests of a victim in an accident as an attorney;
• receive on his behalf funds for insurance payments and loss of commodity value.

Such transactions are akin to contracts concluded with lawyers or intermediaries. The client can count on payment only if the dispute is won, and after the insurer pays off the obligations.

Memo for those assigning the right of claim to the insurer:

• reliable resellers avoid concluding assignment agreements on the day of application;
• reading and understanding every point of the transaction with a reseller will protect you from fraud;
• it is pointless to look for an organization that is ready to fully compensate for the damage;
• in auto insurance practice, an assignment agreement involves the assignment of rights to compensation for damage, loss of market value, and legal costs;
• the presence in the contract of non-standard powers, a clause on the right to represent the interests of the policyholder before the insurer, regulatory authorities or the court indicates that an agreement that is not an assignment has been presented to the policyholder for signature.

By adhering to these simple rules, the policyholder reduces the risk of deception on the part of the reseller to a minimum.

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.

From the editor: We bought a car and did not register it

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.

Required documents for sale

When concluding a transaction, you are required to confirm your right to receive payments. For this you will need the following documents:

1. An insured event notification form filled out by the participants in the accident. It is issued by the insurance company along with the policy.
2. A traffic accident report, completed and signed by a traffic police officer.
3. Resolution on an administrative violation (in its absence - refusal to initiate administrative proceedings).
4. A certificate from the traffic police containing information about the participants in the incident and data on the damage received by the vehicles.

Buying out insurance cases is a good way to save your nerves and money in the event of a conflict with the insurer. However, you need to carefully select a company and read the terms of the contract. This is especially true for fictitious buyout agreements, in which the amount of compensation is not paid to the client at the time the representation agreement is concluded. Such transactions provide many opportunities to deceive clients.