Purchase and sale of insurance claims for road accidents

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Participation in an accident is always associated with time and financial costs. But for car owners, an often unpleasant surprise is the refusal of the insurance company to fulfill its obligations in full. And the car owner risks receiving compensation in a much smaller amount than the planned repair costs.

The only possible option is litigation with the insurance company (IC). But there is an alternative option. This is the sale of accident insurance to relevant organizations. They pay the owner a slightly smaller amount, and then independently collect the funds from the insurance company in full.

Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

When can you sell an accident insurance case?

An insurance case can be purchased from a car owner if it meets several conditions:

All necessary documents have been collected.
According to the terms of the contract, the client of the insurance company has the right to receive compensation.
An organization specializing in the purchase of insurance cases in case of road accidents can make a profit as a result of collecting the required amount from the insurer.
The insurer deliberately underestimates the amount of payments, and the owner does not have the opportunity to independently take part in the legal proceedings.
The insurance company is deliberately delaying the payment of compensation. The vehicle received serious damage and the owner is forced to begin repairs at his own expense.

Attention
If the insured event corresponds to at least one of the above situations, then the car owner has every chance to sell the insurance case for an accident.
The proceeds from the ransom will be slightly less than the amount of compensation from the insurance company received in court. But an undeniable advantage will be receiving funds without any delays.

Documents required for selling an insurance business

Here is a standard list of documents that are usually necessary to complete a transaction to buy out an insurance claim for an accident.

The package includes:

certificate of accident;
administrative offense protocol;
independent expert report;
passport details of the culprit and the victim in the accident;
driver's license who was driving the car at the time of the accident;
vehicle registration certificate;
OSAGO (or CASCO) policy.

Insurance Purchase Law

The legislative framework of the Russian Federation contains a number of normative documents that clearly regulate the relationships of all participants in the insurance contract. Documents required for study include:

Article 382 of the Civil Code of the Russian Federation. It specifies the procedure for transferring the right to receive compensation to a third party, as well as a list of grounds for assignment.
Law of the Russian Federation “On the organization of insurance business in the Russian Federation” No. 4015-1.
And also Federal Law-40, published on April 25, 2002 and called “On Compulsory Motor Liability Insurance”. It regulates the rules for receiving compensation, the grounds for determining the amount of compensation and other equally important nuances.

A thorough study of the regulatory documentation gives the participant in an accident the opportunity to defend their rights and demand compensation for damage.

Types of redemption of insurance cases for road accidents

For your information,
the legislative framework of the Russian Federation contains a document regulating the relationship between the insurance company and its client. We are talking about regulation 4015-1, called “On the insurance business in the Russian Federation.” All actions of the insurance company, the participant in the accident and the third party (assuming obligations to receive compensation) are regulated by this provision.

There are two main options for purchasing insurance in case of an accident:

Transfer of powers of the injured party to a third party on the basis of a power of attorney. But this method of buying out insurance cases for a traffic accident is not widely popular. It is necessary not only to have the document certified by a notary, but also the power of attorney does not reflect the entirety of the concluded transaction. It cannot indicate the fact that the funds received are legally transferred to the collectors. And also the moment of transfer of money itself is not specified.
Assignment of interests on the basis of an assignment agreement. The document states that the debtor remains the same, and only the copyright holder changes. And after the conclusion of the assignment agreement, the right to receive compensation passes to the collection agency.

Attention
The insurance company does not have the authority to prohibit a participant in an accident from entering into an assignment agreement with collectors.

Who is doing it and for what purpose?

Of course, you can follow the usual scenario and sue the debtor. Experience shows that the entire process can last from 3 to 6 months, and sometimes even a year. Material costs should also be added to the time spent. Today, paying for a lawyer’s services will cost from 25 to 50 thousand rubles, some of which will be reimbursed by the court. However, such money is not always at a person’s disposal.

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Just in such a situation, our company will immediately pay you for the redemption of debt or refusal - from 30 to 80% of the total debt. We draw up an agreement with you, after which we independently collect the debt from the insurer.

This is a list of documents that make it possible to receive insurance compensation in case of an accident.

This is the main list of documents that are necessary for the purchase of an insurance business.

The purchase of insurance cases is mainly carried out by specialized companies that offer their clients quite favorable terms for processing the transaction.

Of course, all companies that offer insurance purchase services to vehicle owners primarily pursue the goal of generating income.

In some cases, they may require payment of a certain amount of money for services provided to the client.

At the same time, you also need to know that such companies offer comprehensive customer service, which includes full support of the transaction (providing legal advice, drafting the text of the contract, negotiating with the insurance company, etc.).

The redemption of an insurance business complies with the laws of the Russian Federation; this process is sanctified in the Civil Code. The process has a name - assignment (transfer of the right to insurance compensation). An assignment contract is concluded between the company and the car owner, which clearly states all the obligations of both parties.

This practice is becoming more and more popular every day, because it allows car owners to receive funds for car repairs after an accident without spending extra effort and time.

The buyout is carried out by companies that have experience and specialization in collecting debts for compensation from insurance entities. The company purchases and pays compensation money from its own funds, and then collects the money from the insured person.

This is done by companies based on proofreading services. The firm's staff consists of experienced and qualified auto lawyers. They will help you get money in a short time. Then they themselves demand compensation to reimburse the debt from the insurer.

If we take into account the fact that the company that makes the repurchase benefits from the difference in the amount given to the person who contacted them and demanded from the insurance person, it is not in all cases profitable to assign the insurance business.

This step is justified in cases where:

The compensation amount presented by the insurer is significantly and unreasonably underestimated;
In case of refusal of compensation;
In case of deliberate delay or delay in the process of payment of compensation by the insurance company;
When the only way to solve a payment problem is through litigation;
The insurer does not have the financial ability to compensate for financial damage.

Redemption of insurance claims for road accidents occurs in two legal ways:

conclusion of an assignment agreement (full sale);
execution of a power of attorney (representation of interests).

Automotive lawyers and various organizations make purchases mostly through assignment. This method gives them the opportunity to cut up to 30% of the insurance payment due to the client. During the process, a purchase and sale agreement is drawn up. The seller and buyer in this case are called assignor and assignee.

Executing a power of attorney does not transfer rights to the buyer, but only allows a third party to manage on behalf of the client. Formally, this is not a sales contract. The method is also called fictitious ransom. Buying out an accident insurance claim by proxy is good because the client has the right to claim 90% of his insurance.

Both methods are also bad because the insurance company is obliged to pay a fine of 20% and other penalties, which are unlikely to reach the client. In this situation, the car lawyer will receive much more than he invested.

Advantages and disadvantages of the procedure

When deciding to sell an accident insurance case, you should remember that there are certain disadvantages of this action:

The need to pay for the services of a collection agency. The amount of payment directly depends on the amount of compensation and is often a fixed percentage.
To sell an insurance case, the participant in an accident will have to prepare a package of documents.
Not every collection agency is ready to conscientiously fulfill its obligations towards the owner. The risk of entering into an agreement with scammers is very high. This is what forces the car owner to carefully select collectors and study all offers on this market.
Filing a claim in court allows you to count on the full cost of compensation. In case of interaction with an organization, the amount of payments will be slightly less.

But turning to collectors also has a number of undeniable advantages. Some of the most significant advantages of buying out insurance in case of an accident include:

The minimum period of time from the moment of application until payment is received.
There are no legal costs.
The payment amount is adequate to the damage, without underestimating the cost of parts and labor.
There is no need to attend the trial in person.

In case of dishonest work of the insurance company and lack of time for legal proceedings, turning to collectors will be the optimal solution to the problem of payments.

The AUTOSTRAKHNADZOR company is engaged in the purchase of insurance debts under OSAGO or CASCO policies. We are one of the few who deal with the purchase of insurance debts arising as a result of an accident on the basis of the law.

If you choose the process of receiving insurance payment through a lawsuit, then the time period is, as a rule, at least six months. The cost of legal expenses in this case is disproportionate to the amount of debt (payment of expenses for an independent technical examination, representation in court, possible imposition of the court's obligation to pay for the forensic examination, etc.).

In the event that the insurance company categorically refuses to compensate for material damage under OSAGO or CASCO policies, significantly reduces the amount of damage, and you do not have time for legal disputes and you prefer to receive your money, then our company will be happy to help you.

You can sell your insurance case to us in the following situations when:

You weren't paid enough - we'll pay you extra!
Payment was unreasonably refused (with the exception of refusals “based on traceability”).
Your case was not recognized as insured.

The redemption of insurance cases under MTPL/DSAGO/CASCO is possible at any stage of payment, even if the car has already been sold or repaired due to an accident no later than the statute of limitations established by law (for MTPL - 3 years, for CASCO - 2 years)!

What it looks like (the approach is individual, but we will try in general terms):

Call us, explain your situation and we will tell you how we will proceed further in a particular case.
Request copies of the necessary documents from the insurance company.
Come to us, announce the amount you need to repair your car. The auto expert agrees on it within a few hours, either on the spot (depending on the situation) or based on documents provided by you (from the insurance company), or based on an inspection of the car, if it has not yet been restored or alienated.
You draw up a notarized power of attorney (500 m from our company’s office), sign an agreement and pay you.
Next, at our own expense, we conduct an independent examination in order to determine the actual amount of damage, draw up a package of documents for filing in court, file a claim, and we bear all legal costs, including payment for the forensic examination.
The final stage of this process is the most pleasant - collection of funds.

Basically everything!

The main advantage of this offer, of course, is that you receive money from us IMMEDIATELY, i.e. on the day you contact us with the necessary package of documents, and the amount is usually SUFFICIENT to repair your car. A distinctive feature of our company is the absence of a percentage discount from the estimated amount of damage. What does it mean? Typically, law firms buy insurance debts at a discount of 30% to 50%. Those. if, based on the results of an independent auto examination, it is determined that the payment amount should be 100,000 rubles. They will only be able to offer you from 50,000 to 70,000 rubles. In our company, during a conversation you will meet with an experienced auto expert, who will discuss with you the real actual cost of repairing your car, and not percentages and discounts.

What is your benefit in selling the insurer's debt?

You don’t waste time, nerves and money trying to get a payment.
You don’t go to court, but get money to repair your car.
You do not bear the risk of not receiving money.
You receive the money immediately, forget about the accident, the insurance, but not about us, because... If you want to help your friends, you will recommend our offer.
You do not bear the risk of ruining your insurance company. From the moment you purchase the debt, it is not you, but we, who may find ourselves broke. For example, if the insurance company’s license is revoked or it declares bankruptcy (we are talking about CASCO insurance, since with OSAGO the law provides for compensation payment through the Russian Union of Auto Insurers).

What is our benefit when purchasing an insurer's debt?

Naturally, this benefit is expressed in monetary reward. We do not disguise ourselves as various “societies for the protection of motorists’ rights,” social assistance projects, etc. We will receive an amount greater than what we paid you + we will reimburse the costs of our own services (independent examination, representation in court, etc.)

SO IT'S ALL FAIR!

PS This offer is not valid in all cases, and also does not apply to cases where the debtor is NOT the insurance company (the culprits themselves of the accident when the insurance payment limit is exceeded). Please note that we also do not purchase traceology refusals.

Dear Clients!

Obtaining compensation for an accident has become even easier!

Now we buy insurance cases even at the most primary stage of this process. That is, you can immediately after receiving the traffic police documents contact our company to sell your business. The principle of our work in this case is approximately the same, and your actions are much less. In general, the procedure described above remains the same, but excluding paragraph 2 and the need to show the car to the insurer is added. We organize the show ourselves. That is, after our meeting with you and repayment of the debt, within 3 days (for cars “on the move”) we ask you not to restore the car. During this time, we will organize everything, and all you have to do is arrive at a specific address at a SPECIFIC time and undergo an examination with our lawyer, and you will not need to communicate with anyone, sign anything, etc., i.e. All you need is your car. This is what our new debt redemption scheme looks like now! All. Call!!!

PS Please do not disturb guys in “working” cars, you will be wasting your time, because... We fundamentally do not work with this category of “victims”!!!

Advantages and disadvantages of buying out insurance cases in case of an accident for insurance companies

Just like for the owner of the car, there are a number of certain disadvantages for the insurance company when selling insurance to collectors:

100% guarantee of participation of the insurance company as a defendant in the trial. The plaintiff will be a lawyer with a high level of qualifications, and not a participant in the accident.
Such a serious opponent has every chance of receiving 100% compensation for damage.

It should be understood that for representatives of the insurance company there is not a single advantage of buying out an insurance business by a collection agency.

Advantages and disadvantages of buying out insurance in case of an accident for collectors

Considering the situation from the point of view of a collection agency, one can see a number of disadvantages that are associated with the purchase of an insurance case in case of an accident:

The need for proceedings with representatives of the Investigative Committee. The process can be protracted and accompanied by serious conflicts.
In 95% of cases, it is necessary to go to court in order to receive the full cost of compensation.

But we should not forget that there are a number of undeniable advantages. These include:

Net profit, consisting of the difference between the full insurance payment and the amount issued to the client. The profit margin, in some cases, can be quite significant.
Possibility of reducing the amount of payments to the client in case of mistakes made when preparing documents. For example, when filling out a protocol.

Attention,
the collection agency has the right to independently make decisions on the acquisition of insurance cases for road accidents. If for some reason it does not seem profitable or the amount of expected profit is minimal, then the company has the right to refuse a potential client.

How to choose the right company to sell insurance?

Not every vehicle owner knows the basic rules for choosing a collection agency. An ill-considered approach and contacting the first organization you come across leads to disappointment or a disappointing result of the transaction.

When choosing collectors to sell insurance in case of an accident, you need to follow a simple algorithm of actions:

Do not trust the company's promises to pay 100% of the damage. This contradicts elementary logic, because collectors charge a certain amount for their services, which will be deducted from the insurance company’s debt to the participant in the accident.
There is no need to rush to transfer the case to collectors. Experienced car owners recommend contacting the insurance company to understand how the insurer will behave and what amount you can expect.
Having decided to sell accident insurance, you must carefully study the contract. It is recommended that you read all footnotes and fine print carefully. In the absence of legal experience, the best solution would be the help of a professional lawyer or a more experienced friend. And only after carefully studying the document can you certify it with your signature.

Additional information
A smart decision would be to study reviews about the chosen agency.
You should not trust the information posted on the company’s website, supposedly on behalf of grateful clients. In their place may well be a system administrator or a specially hired employee of a third-party company. Who will not only write rosy and optimistic words of gratitude, but also easily post them on the collection agency’s website.

Conditions and required documents

A prerequisite for selling road accident insurance under an assignment agreement is the preparation by the client of a certain package of documents. It includes:

Passport of a citizen of the Russian Federation issued to the owner of the car.
A driver's license confirming the right to drive a vehicle of this category.
Vehicle passport (or, if it is missing, a duplicate).
A correctly drawn up report from the scene of the incident.
Bank details where funds need to be transferred.
Copies of receipts, if the owner independently restored the vehicle without waiting to receive payments from the insurance company.

If the owner has in hand an independent expert report aimed at assessing the amount of damage, then it can also be attached to the main documents.

IMPORTANT

A mandatory condition for the purchase of insurance is a current MTPL or CASCO policy, which was in force at the time of the accident.

Full redemption procedure

The procedure for buying out an insurance case for a traffic accident is not particularly difficult and includes several stages:

Search for a collection agency that is ready to buy the insurance company’s debt and immediately provide funds in an amount that suits the car owner.
Discussion of the terms of the deal.
Preparation of the necessary package of documents for concluding an assignment agreement.
Signing the assignment agreement.
Collectors send a notification to the client's insurance company that the debt has been assigned.
The next stage is the work of collectors and representatives of the insurance company. The owner of the car does not take part in the trial.

By choosing the right collection agency, the car owner receives a slightly smaller amount than with 100% payment of compensation from the insurance company, but saves a significant amount of time and is spared from conducting an independent examination and participating in litigation.

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.

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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

Passport;
Driver's license to drive vehicles;
Technical passport of the damaged car;
A protocol from the scene of the accident, certified by the stamp of the traffic police, which indicates all damage to the vehicle.
Original receipts for your expenses due to the accident;
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:

You should never apply for this service on the day of the accident;
There is no need to trust the appraisal expertise, so to speak, by eye. Only based on the documents presented;
You need to avoid those companies that promise 100% compensation.
Assignment contracts should always be drawn up after the defendant in court has refused to pay damages;
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.

Drawing up an agreement to buy out insurance in case of an accident

A transaction for the sale of an insurance case for an accident will be recognized as legal only if the assignment agreement has been correctly drawn up. After reviewing it, it must be signed by both parties: the collector and the participant in the accident. When drawing up a document, the organization’s lawyers must be guided by Article 389 of the Civil Code of the Russian Federation. Article 385 of the Civil Code of the Russian Federation is also taken into account. It clearly regulates the moment of providing documents that confirm the existence of debt.

The agreement must indicate the bank details of both parties, as well as standard information (name of institution, full name and registration address of the client, number and series of passport, etc.). The document also states the amount received by the owner of the car.

assignment agreements for the purchase of insurance cases in case of road accidents in WORD format.

What is an insurance buyout?

The redemption of insurance cases in case of an accident can be carried out in accordance with the provisions of Article 382 of the Civil Code of the Russian Federation. The popularity of the service is increasing. This is due to an increase in refusals to provide compensation and payment of incomplete amounts. Redemption of insurance cases in case of an accident is a service that involves the sale of the company's debt upon the occurrence of an insured event to third parties. Institutions ready to buy obligations are collection firms. The work is carried out according to the same system as the collection of debt on loans.

The company immediately provides compensation to the driver who sold the accident insurance case. Funds are withdrawn from the institution's assets. The price is lower than the total amount owed. But after this, the driver ceases to take part in the proceedings. Other issues are resolved with the insurance company. Typically, institutions provide related legal and expert services. They are required if the insurer deliberately reduces the amount of compensation to save on payment. Carrying out an independent examination will allow us to understand the real state of affairs.