How to claim compensation from the insurance company

1. Power subrogation: If the insured accident is caused by the negligence or illegal act of a third party, the third party shall be liable for the loss of the insured. The insurer may pay the insured in advance according to the stipulations of the insurance contract or the provisions of the law. Then, the insured transfers the right of recourse to the insurer and assists the insurer to recover from the third party.

2. Substantive subrogation right: In property insurance, when an insured event causes a presumed total loss, the insurer shall obtain the ownership of the insured subject matter according to law after fulfilling the liability for compensation as agreed in the contract.

Subrogation has three main reasons:

1, infringement. Loss of the subject matter insured due to the intention or negligence of a third party.

2. Contract liability. The third party's breach of contract causes the loss of the subject matter insured.

3. unjust enrichment. Subrogation caused by the civil liability of the third party for unjust enrichment.

Extended data:

For the establishment of subrogation, in accordance with the provisions of the law, the following conditions should generally be met to be established:

1. The insurer has the right to claim compensation from a third party for the insured accident. First of all, the insured accident is caused by a third party; Secondly, according to the law or contract, the third party is responsible for the loss of the subject matter insured, and the insured has the right to claim compensation.

2. The cause of loss of the subject matter insured belongs to the scope of insurance liability, that is, the insurer has the obligation to pay compensation. If the cause of loss belongs to the exclusion liability, then the insurer has no compensation obligation and will not have the right of subrogation.

3. The insurance company pays the insurance compensation. The time limit for transferring the claim for compensation to a third party is that the insurer pays the compensation, and this transfer is based on legal provisions, without the authorization of the insured or the consent of the third party, that is, as long as the insurer pays the compensation, the claim right will be automatically transferred to the insurer.

Rights and obligations of both parties to subrogation;

1, rights and obligations of the insurer

The insurer subrogates the insured's right to claim compensation from a third party within the scope of compensation. The insurer's obligation is that the insurer's right of recourse should be equivalent to its obligation of compensation. If the recovery amount exceeds the compensation amount, the excess shall be owned by the insured.

2. Rights and obligations of the insured

First, before insurance compensation, the insured must safeguard the right to sue the negligent party;

Second, you can't give up your claim to the third party;

Third, if the insurer is unable to exercise the right of subrogation due to the fault of the insured, the insurer may deduct the insurance compensation accordingly.

Fourth, the insured has the obligation to assist the insurer to recover from the third responsible party;

Fifth, if the insured has obtained damages from a third party, the insurer may deduct the amount of compensation that the insured has obtained from the third party when paying the insurance money.

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