Subrogation in Comprehensive Car Insurance
Rights of the Insurer and Driver’s Liability
When it comes to subrogation in comprehensive car insurance, it is important to understand the rights of the insurer and the liability of the driver. Comprehensive insurance covers damage to the vehicle regardless of who is at fault for the accident. However, in our legal system, comprehensive insurance is not specifically regulated. Therefore, the general provisions of the Law on Obligations and the terms of the insurance contract apply. As a result, a common question arises: does the insurance company have the right to subrogation, and can it claim compensation from the driver who was using the vehicle at the time of the damage?
When Can the Insurance Company Claim Subrogation in Comprehensive Insurance?
According to Article 939 of the Law on Obligations, an insurer who has paid compensation for damages can take over the rights of the injured party. In other words, the insurer can seek compensation from the party responsible for the damage. This means that when a leasing company receives compensation from the insurance company under comprehensive insurance, the right to compensation transfers to the insurance company. However, for the insurer to claim subrogation from the driver, it must be proven that the driver is liable for the damage.
How is Driver Liability Determined in Comprehensive Insurance?
First of all, driver liability is determined according to general rules of liability for damage. For example, if someone claims that the driver is responsible, they must provide proof. The driver may be required to pay for damages only if it is proven that they are indeed liable. In some situations, there may be special liability. For example, if the driver agreed in the contract to be liable for any damage that occurs while the vehicle is in their possession, they must prove that the damage was caused by a third party, not by them.
Proving Liability in Subrogation Claims
To establish liability in subrogation claims in comprehensive insurance, it is crucial to understand how the damage occurred. Sometimes, the driver may claim that the vehicle was damaged while parked and that they were not present. However, the insurance company may suspect that the driver caused the damage and then reported it as caused by an unknown party. Therefore, it is necessary to conduct a proof procedure to establish liability. Without this procedure, it is impossible to reach a final conclusion regarding subrogation in comprehensive insurance.
What Are the Possible Outcomes After the Proof Procedure?
After the evidence is presented, it may be established that the driver is not liable. In that case, the insurance company has no right to claim subrogation from the driver. However, if it is proven that the driver is liable, they will have to pay for the damages. It is important to remember that the insurance company can only seek subrogation if the driver’s liability is clearly established.
Conclusion: Right to Subrogation in Comprehensive Insurance and Driver’s Liability
In summary, an insurance company has the right to subrogation in comprehensive insurance only if it is proven that the driver is responsible for the damage. Without clear evidence, the driver cannot be forced to pay. Therefore, it is necessary to conduct all relevant proof procedures to determine the exact circumstances under which the damage occurred.
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