Joke Collection Website - Public benefit messages - Can subrogation be settled through negotiation?
Can subrogation be settled through negotiation?
1, because subrogation refers to a way for the insured company to recover from the injured party in order to compensate the amount of insurance compensation.
In the process of recovery, the insurance company can rely on negotiation to reach a recovery result acceptable to both parties and maximizing their interests.
2. For example, in the negotiation process, the insurance company can negotiate with the defaulting party to pay in installments or reduce part of the payment.
3. At the same time, both parties can also negotiate to determine the specific compensation standard and amount.
4. This can make both parties achieve satisfactory results, so as to achieve the best recovery effect.
If negotiation fails, you can ask for a judgment through legal channels.
What are the rights and obligations of the subrogation parties?
1, the rights and obligations of the insurer The insurer's rights are the insurer's subrogation to exercise 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
(1) Before the insurance compensation, the insured reserves the right to sue the negligent party;
(2) The right of claim to the third party cannot be waived;
(3) If the insurer is unable to exercise the right to claim compensation by subrogation due to the fault of the insured, the insurer may deduct the insurance compensation accordingly.
(4) 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.
In short, if it is subrogation, it is necessary to fulfill the legal responsibility of subrogation, and it is also possible to recover from the debtor. The specific situation can be negotiated. If negotiation fails, you can ask for a judgment through legal channels.
Legal basis:
People's Republic of China (PRC) insurance law
Article 60
The insured accident is caused by damage to the subject matter insured by a third party, and the insurer shall subrogate the insured's right to claim compensation from the third party within the compensation amount from the date of compensation to the insured. If the insured has obtained compensation from a third party after the occurrence of the insured accident specified in the preceding paragraph, the insurer may deduct the amount of compensation that the insured has obtained from the third party when compensating the insurance money. The insurer's right to claim compensation by subrogation in accordance with the first paragraph of this article shall not affect the insured's right to claim compensation from a third party for the part that has not been compensated.
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