Compensation standard for descendants of car accidents

The requirements for subrogation of automobile insurance are as follows:

1. The accident belongs to the scope of insurance liability, and the insurer must fulfill the compensation obligation to the insured according to the contract. If there are exclusions, then the insurer has no obligation to compensate.

2. Car damage insurance: the accident liability is clear, there is a third responsible party, and the insured has not given up the right to claim compensation. If the insured claims damages from a third party due to an accident, the party that caused the accident shall be liable for civil damages to the insured according to law.

3. When the insurer pays the insurance compensation, the time limit for transferring the claim for compensation to the third party is that the insurer pays the compensation, and this transfer has legal basis.

You can apply to the insurance company for subrogation:

1, the third responsible party deliberately delays compensation;

2. The third responsible party is unable or refuses to pay compensation;

3. The third party escapes;

4. After the traffic police confirmed the responsibility, the third responsible party refused to sign the responsibility confirmation.

5. When applying for subrogation, it is also necessary to explain the specific situation to the insurance company, and in the case of the third party escaping, it is also necessary to prove the accident.

To sum up, if the insured accident is caused by a third party's damage to the subject matter insured, the insurer shall subrogate to the insured's right to claim compensation from the third party within the compensation amount.

Legal basis:

Article 44 of People's Republic of China (PRC) Insurance Law

If the insured commits suicide within two years from the date of the establishment of the contract or the resumption of the contract, the insurer shall not be liable for paying the insurance money, except that the insured commits suicide as a person without civil capacity.

If the insurer is not liable for the payment of insurance benefits in accordance with the provisions of the preceding paragraph, it shall return the cash value of the insurance policy in accordance with the contract.

Article 46

If the insured suffers death, disability, illness and other insured accidents due to the behavior of a third party, the insurer has no right to claim compensation from the third party after paying the insurance money to the insured or beneficiary, but the insured or beneficiary still has the right to claim compensation from the third party.