Buying a car with an insured event. About buyouts and “buybacks” of insurance debts
When an insured event occurs, car owners do not always receive the payments due within the 20-day period provided for by law. For those policyholders who do not want or cannot wait for insurance compensation, there is a service - redemption of an insured accident event. It is provided by specialized companies that receive a good remuneration, but at the expense of the insurance party, not the injured party.
So, first there is an accident that falls into the category of insured events. A mandatory technical examination is carried out to determine the amount of compensation under the policy. For some reason, the insurance company refuses payment, delays it, or pays an amount less than determined by the commission. What to do next? One way out is to sell the debt that has arisen.
The sale of insurance company debts is possible under the following circumstances:
- the amount paid by the insurer is not enough to restore the car after the accident;
- 20 days after the client submitted documents regarding the accident, the insurance company did not refuse, but did not transfer compensation, and also did not repair the vehicle;
- the insurance company refuses to pay compensation;
- SK declared bankrupt;
- the money is needed urgently, and the amount offered by car lawyers suits the car owner;
- The Investigative Committee deliberately delays the consideration of the case, demanding more and more new documents or making corrections to documents with shortcomings;
- the car owner cannot or simply does not want to participate in court proceedings;
- if the Investigative Committee is in no hurry to implement the court decision.
What documents are used to formalize the assignment of the right of claim?
This kind of deal is not uncommon these days. They are carried out on a legal basis and are regulated by the Law “On the Organization of Insurance Business”.
The redemption of insurance cases is carried out according to the choice of one of the legal structures.
Power of attorney
With this document, the policyholder authorizes any legal entity or individual:
- represent your interests in insurance, court or other authorized bodies;
- receive money;
- contact regulatory authorities.
In order for a power of attorney to be legally valid, it must be notarized. The disadvantage of this method is that many aspects remain outside the scope of the document. They are reflected in oral agreements between the principal and the attorney. This applies to a greater extent to monetary issues. The power of attorney, for example, does not indicate that the attorney is receiving money not for himself, but for the principal. The fact of subsequent transfer of insurance compensation is also not regulated by anything.
This method of formalizing relations is appropriate mainly when assigning rights of claim to individuals, for example, an individual lawyer or a literate person who does not have a legal education (perhaps an acquaintance of the insured). In other cases, a specialized agreement is drawn up.
Assignment agreement
The procedure for transferring the right to claim insurance compensation to a third party is called assignment. In this case, the debtor remains the same (SC), only the copyright holder changes: instead of the car owner, there is a reseller company.
The insurer has no right to prohibit the policyholder from entering into an assignment agreement.
The only exception is situations when auto liability is insured with a CASCO policy. Many such agreements stipulate a ban on the sale of insurance claims. In all other situations, it is enough to notify the insurance company. The assignee (acquirer of the right of claim), and not the assignor (the policyholder), is obliged to do this as soon as possible.
The assignment agreement is concluded in two copies in writing and does not require notarization. The conclusion of such an agreement is possible subject to the following circumstances:
- The assignor is the person injured in the road accident, his representative or the insured who owns the policy.
- The right of claim has not previously been transferred to a third party.
- The assignor undertakes to transfer to the assignee all documentation related to the case (notification, certificate and protocol of an accident, decision to initiate or refuse an administrative case, etc.). All these documents constitute the insurance case, which is acquired by the assignee.
- The requirements for the SC are valid.
If at least one of the listed conditions is violated, the assignor is obliged to return the money received from the assignee.
How does debt repayment take place?
Redemption of insurance cases occurs in the following order:
- After a traffic accident, the policyholder collects the necessary package of documents and, together with the application, submits it to the insurance company.
- The insurer refuses to pay or transfers money for repairs in an insufficient amount.
- The car owner is sent to an organization that buys out debts under compulsory motor liability insurance.
- A repeat independent examination is ordered.
- If the company’s specialists consider the case promising for winning in civil court and are able to agree with the client on the amount of compensation, an assignment agreement is drawn up. It reflects all the nuances of the transaction.
- The car owner receives compensation in the agreed amount, and the company has the right to demand compensation from the insurer on behalf of the seller of the claim.
Benefits of Debt Realization
Most car owners decide to sell insurance for the following reasons:
Flaws
Buying out insurance claims has one, but huge, drawback - “lost profits”.
If the policyholder decides to pursue the matter to the end on his own, he can receive much more money than the reseller company will pay him. As a rule, such organizations pay only 70-80% (maximum 90%) of the required amount of compensation.
Example. The amount of insurance compensation was 100 thousand rubles. The policyholder received only 20 thousand from the insurance company. There is no way to collect the rest of the debt. The car owner decides to sell the insurance case for 50 thousand rubles. That is, he will already receive 30 thousand less (100-20-50).
In addition, if a person went to court on his own, he would also receive a fine in the amount of 50% of the unpaid amount of insurance compensation.
In our example, this is 40 thousand rubles (50% of 80 thousand). The amount of lost profits is already 70 thousand. Let's count further. For each day of delay there is a penalty of 1% of the unpaid amount. Let’s say the insurance company is 1 month late in payment. The amount of the penalty in this case will be 24 thousand (30% of 80 thousand). What if the period of delay is longer? As a result, the policyholder who wished to sell the insured event will receive less than 94 thousand rubles (30+40+24).
Naturally, there is always a possibility that, based on the results of the examination, the amount of insurance payments will be reduced. But, as judicial practice shows, this happens in exceptional situations. Even if the payment amount decreases, it will not be by much.
Another negative point. Since the reseller company acts on behalf of the client, after the end of the trial the policyholder will receive a notice from the tax office. It will require you to pay income tax. The object for taxation is a fine and a penalty. Regarding our example, the situation is this: the company pays you 50 thousand, and in court takes 94 thousand rubles for itself. And you also pay a tax of 8,320 rubles (13% from 40 and 24 thousand). That is, your real benefit is not 50, but only 41,680 rubles. But for some reason, not all resellers are in a hurry to notify their clients about this.
If you decide to sell your insurance debt, follow these guidelines:
- When choosing a reseller, remember that reliable companies do not enter into contracts on the day clients contact them. Damage can only be assessed after technical examination and calculations.
- Beware of resellers who promise to pay the insurance premium in full.
- Before signing the assignment agreement, make sure that it contains the phrase “monies received as compensation for damage.” This will likely save you from having to pay income taxes.
- You cannot simultaneously issue a power of attorney and enter into an assignment agreement. There must be one thing.
- You shouldn’t sell your insurance business immediately after a traffic accident. It is better to try to resolve the issue with the insurance company out of court. If the size or terms of payments do not suit you, then be sure to inform the insurance company that you will go to the end and will defend your interests in court, if not personally, then through a reseller company.
When we buy an insurance policy, we consider ourselves protected in case of unforeseen road situations. But as soon as you encounter bureaucratic delays and deliberate delays in resolving the issue, you simply give up. Especially if the car is vital, for example, to perform official duties. All this makes you think about selling insurance. Of course, the amount of lost compensation is sometimes quite impressive. But for those who consider time to be money, it is better to quickly and easily take the money and remove yourself from the legal red tape.
By purchasing the debt or refusal of the insurer, “Soyuz Expert” formalizes the collection of funds from the insurer or any other debtor. Our organization will buy from you not only the debt of your insurer, but also all other debts that are revealed after checking the documentation.
"Soyuz Expert" will purchase the debt of insurance companies and other persons under various agreements (loans, supplies, purchase and sale). If you need to quickly repair a car for which the insurance company does not want to give money, then we can immediately provide you with funds by buying out the insurance debt.
Why is it profitable for you to sell insurance debt?
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.
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.
Answers to common questions about repurchasing debts to insurance companies
Our clients are usually interested in similar questions, so we want to answer them right away.
1. How do we determine the amount of the debt redemption fee?
To decide what percentage of the total debt to pay, we evaluate how promising the business is. A thorough examination of the documents in this case helps us with this. We don't want to do like some companies and show the customer the best prices.
In fact, the cost does not always reach 70% of the debt amount. “Soyuz Expert” tries to find a middle ground between the wishes of clients and its costs of running a business. After all, it will not surprise anyone that in order to collect the debt from the insurer, we will have to spend our money, effort and time.
2. Can an association purchase a practically bad debt, such as the debt of a company that is bankrupt or the debt of an individual who has no income from property?
We approach each case individually, after carefully weighing everything. If we determine that the case is truly hopeless, then the debt is not repaid.
3. Can our association, together with the refusal of the insurer under CASCO, also buy a car?
This option is possible. To do this, we will evaluate the car and determine the final price, which is paid with the amount for repayment of the debt. Thus, instead of going to court for a long time and thinking about where to put the broken car, you will get money.
So, our services are of particular interest to people who do not want to waste time and nerves on disputes with insurers, various examinations, litigation, etc. If you would like to consult on issues related to debt redemption, we are ready to answer your phone numbers.
They offered to conclude such an agreement for an old accident and some money. Don't know there's a catchAGREEMENT
ASSIGNMENT OF THE RIGHT OF CLAIM (ASSIGNMENT)G., _________________.
We, the undersigned,
______________________, ______________ DOB, passport ________________, issued _______________________________ ____________, hereinafter referred to as the “Original Creditor”, on the one hand, and _______________________________________ ______________________ year of birth, passport of a citizen of the Russian Federation __________________ issued ___________________ by the DEPARTMENT IN THE CITY ______________________________________, subdivision code _____________________, registered at the address: _______________________________________, hereinafter referred to as the “New Creditor”, on the other hand, have entered into this agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Initial Creditor cedes to the New Creditor the right to demand from ______________ “____________” the fulfillment of obligations to pay insurance compensation, the right to which arose with the Initial Creditor as a result of an accident from __________________, as the owner of the Vehicle ___________, State Insurance Company _________________/rus. THE ASSIGNED RIGHT IS VALUED BY THE PARTIES IN THE AMOUNT OF _____________ RUB. THE AMOUNT INDICATED WAS RECEIVED BY THE ORIGINAL LENDER PRIOR TO THE SIGNING OF THIS AGREEMENT. THE AMOUNT RECEIVED BY THE NEW CREDITOR UNDER THIS AGREEMENT FROM THE DEBTOR IS RECOGNIZED AS HIS PROPERTY AND, REGARDLESS OF THE AMOUNT OF INSURANCE COMPENSATION PAID, THE RESPONSIBILITY TO PAY ADDITIONALLY TO THE ORIGINAL CREDITOR ANY AMOUNT OF MONEY WITH THE NEW CREDITOR DOES NOT ARISE.2. OBLIGATIONS OF THE PARTIES
2.1. The Initial Creditor is obliged to transfer to the New Creditor the available documents certifying the right of claim (if any).
2.2. The new creditor is obliged to accept the assigned claim.3. RESPONSIBILITY OF THE PARTIES
3.1. The new creditor was notified that the original creditor received money from __________ “_______” in the amount of ………… rubles to pay for the insurance compensation received as a result of an accident.
3.2. The Initial Creditor is liable to the New Creditor for the invalidity of the claim transferred to it, if the Initial Creditor, before signing the agreement for the assignment of the right of claim, carried out any litigation related to compensation for damage due to the fact of this accident.
3.3. The original creditor is not responsible for the debtor's failure to fulfill the requirement.
3.4. The original creditor is not responsible for the outcome of the lawsuit.
3.5. The new creditor assumes all expenses for paying taxes, personal income tax, expenses in the event of an accident related to the preparation of documents for filing a claim in court, payment of state fees, payment of a general power of attorney to represent the interests of the Initial creditor, payment for any research, examinations related to this accident. It also independently makes all requests on behalf of the Initial Creditor to the Ministry of Internal Affairs, insurance companies, etc.
3.6. The new creditor does not have the right to demand from the Initial creditor the amounts of costs incurred to claim the obligations to pay insurance compensation from the Debtor, as well as the amount assessed by the parties in the amount of ______ rubles for the assigned right of claim, with the exception of clause 3.2.4. FINAL PROVISIONS
4.1. The agreement comes into force from the moment of signing and is valid until the parties fully fulfill their obligations under this agreement.
4.2. Changes and additions to the agreement can be made by mutual agreement of the parties and are formalized by additional agreements, which are integral
parts of this agreement.
4.3. This agreement has been drawn up in two copies, each with equal
legal force.
4.4. All disputes and disagreements on which agreement is not reached are subject to consideration in accordance with current legislation.5. SIGNATURES OF THE PARTIES:
___________________ (________________) __________________(__________________)
Those who have had the misfortune of getting into an accident know that sometimes the fact of the accident itself is not as terrible as the subsequent processes that follow immediately after this event.
First, you need to call and wait for the traffic police officers.
Secondly, you need to go with the completed papers directly to the analysis, where they will decide who is to blame for the accident.
Thirdly, if you emerged victorious and did not lose heart after the first two points, then you will have to meet head-on with the insurer. At this stage, hemorrhoids arise either with your insurance company or (if you have nothing to do with it) with the insurance company of the person at fault for the accident.
Simply put, you're in for an unforgettable experience, which by default includes flashes of unpleasant moments. This is not a Turkish all inclusive, not everything is so sweet in this process.
It is at the third point that all sorts of independent experts can intervene in the matter and assess the damage.
Some people know about them, others have heard of them, others have no idea at all that you can easily and successfully work with insurance companies. “Work” in this case means struggle. By someone else's hands. The hands of a company that has lawyers on its staff who can competently collect all the papers and present them to the court if suddenly the insurance company does not want to compensate for the damage.
In general, few of us like to fuss with papers, run around collecting certificates, filling out claims and attending court hearings. This is exactly what companies that “professionally litigate” with insurers make money from, winning cases.
How things happen
Let's say you're in an accident. Although, no. Let’s say your neighbor “kissed” another car at an intersection. Or not even. Some person who lives in another part of the city and about whom you know nothing was involved in an accident. It will be better this way.
They drove into a person, he was not guilty of anything, and in the report on the accident he was recognized as a victim.
He submits papers about the accident to the company where he insures. And then the carousel begins, which can last from several weeks to several months, or even years. Insurance companies are professionally able to drag their feet until the last minute. In some rare cases, you can bequeath the insurance business to your children so that they receive full compensation :)
In another case, if our unlucky participant in an accident knows that it is possible to “leak” his case to specially trained people, then he immediately goes to them to conduct an independent examination.
There are many such companies scattered across Russia, so after an accident you can safely google: “buyout of insurance cases + your city” in order to go directly to them, and not to the insurer.
How does the insurance buyout process work?
Where can I get money to start my own business? This is exactly the problem that 95% of new entrepreneurs face! In the article, we revealed the most relevant ways to obtain start-up capital for an entrepreneur. We also recommend that you carefully study the results of our experiment in exchange earnings:
In February of this year, my car was involved in a traffic accident. It was my car that became a participant without me. While he was standing in the parking lot, they drove into him and my car was thrown onto the next car parked (unlucky for him). That is, there were three participants in the accident.
When three people participate in this performance, you need to contact the insurance company of the person who played the main role in this play. That is, you need to go to the culprit’s insurer.
In my case, it was Soglasie LLC and I was very depressed by this, because I knew that these comrades were very, very reluctant to pay (this is what happened later).
At the time of the accident, I did not know about the companies mentioned above. But at the exit from the traffic police building, a young man approached me and said that he could assess the damage for free within an hour. We took pictures of the damage and parted ways. Later we phoned and I already went for a “real assessment”, because at the exit from the traffic police there was just something like a promotion to catch clients.
We assessed the damage. It came out somewhere around 25 thousand rubles.
1) Buyout of the insurance business and full payment for repairs.
2) Drawing up an agreement in the context of which this company receives a certain percentage of the amount that it sues from the insurer. At the same time, I was told an amount in the region of 35-40,000 rubles (we are talking about the amount that was supposed to be won). The deadline, naturally, was vague. A few months.
I chose the first option, signed the agreement and transferred all rights to legal proceedings. They gave me cash directly, which I used to pay for the repair services.
As a result, already a week and a half after the accident, my car was like new and there was not a trace of the collision.
But the most interesting thing was revealed six months later. At the beginning of September, a paper with a court decision arrived at my address, where it was printed in black and white:
The claims “my name is here” are partially satisfied.
To recover from the Limited Liability Company IC "Soglasie" in favor of "me" insurance compensation in the amount 51 743 rubles 00 kopecks, penalty in the amount 19 933 rubles 51 kopecks, compensation for moral damage in the amount of 1 000 rubles 00 kopecks, fine in the amount 36 338 rubles 25 kopecks, legal costs in the amount 14 758 rubles 78 kopecks
Total amount ~ 123 772 rubles Minus what I was paid for the repairs + legal costs, the profit from this case alone is about 70,000 rubles. But here, most likely, they were lucky, because the insurance company was slow and did not want to pay anything. Hence the penalty and fine.
But even if we just take insurance compensation, the company is still in the black 25 000 rubles And they put such things on stream.
Perhaps one of our readers will be so interested in this idea that they will want to open their own similar office, which fights with insurance companies and thereby earns good money.
A car owner selling his accident case should know that the insurance company is obliged to pay a fine of 20%, as well as other penalties that usually do not reach the client. In this situation, the car lawyer will receive much more than what he invested in the ransom.
Buying out insurance cases for road accidents
Redemption of insurance claims for road accidents- a service used by car owners who want to receive money quickly and in full. We we buy insurance cases at high prices We conduct transactions in strict accordance with legal requirements. You don’t have to fight with the insurance company or sue, we will do all this for you!
Buying out insurance cases for road accidents - how the process works and who benefits from it
Notification must be in writing, sent by mail to the legal address of the company, or brought in person. If you intend to do this by mail, it is better to do it by registered mail. Because you will receive a notification that your letter has been received.
Buying out insurance claims after an accident
- An expert assessment is needed to assess the damage. The procedure can indeed be carried out by independent experts at the initiative of the reseller. However, it requires long and painstaking work. For minor damage, the inspection takes half an hour. In case of serious damage, it takes an expert several hours to identify hidden defects. It takes even more time to draw up a conclusion (description of identified defects, calculation of damage caused using formulas, determination of the amount of lost marketable value).
- Transferring the expert opinion to the legal department, having it read by specialists, establishing the completeness of the insurance case and analyzing the prospects for further proceedings with the insurer takes no less than a working day.
- A self-respecting reseller company prepares for negotiations on the amount of compensation for at least two working days. Excessive efficiency implies assessing the damage “by eye” and a willingness to agree with the expert opinion of the insurer. An offer to issue money immediately means an inevitable understatement of payments.
Redemption of insurance claims and debts
“ROAD Accident HELP” buys out insurance debts, saving you time, nerves and effort. The most important thing is that you can receive money on the day you apply! We are ready to pay you well and free you from tedious and lengthy participation in a dispute with the insurance company. By contacting us today, tomorrow you can calmly repair your car damaged in an accident.
Legal assistance in case of road accidents in Moscow and the Moscow region
Registration of a car takes a lot of effort and time from car enthusiasts, and there are often cases when cars have registration bans. Our company’s lawyers provide a full range of services, from registering your vehicle to lifting the ban on registration actions.
Insurance debt redemption
Road accident cases can take many months to be heard in court. However, it cannot be guaranteed that the plaintiff will receive full compensation. If you need to quickly get money and repair your vehicle, buy out insurance debts and you will have the following advantages:
Redemption of insurance cases for road accidents (OSAGO)
Buying out insurance cases for road accidents is not a complicated procedure. You sell us your car after an accident, along with the right to receive insurance losses to the “Legal Expert”. Our law firm buys out the auto insurance company’s debt and the right to receive compensation from the insurance “Legal Expert”.
Buying out insurance cases for road accidents
Today there are many companies on the market, and we are one of them, that buy out insurance cases for road accidents under MTPL and CASCO. Yes, yes, we didn’t make a mistake. You receive money from us, not from the insurer. The victim receives money from us on the day of application, and does not wait 20 days, as stated in the MTPL Law. After purchasing the insurance case for an accident, we independently (on our own behalf) resolve the issue with one or another insurance company. At the same time, you do not worry about the outcome of the trial, do not spend money on expertise and lawyers, and do not waste your precious time. Your benefits are briefly described in the infogram below.
Write down the damage and find out how much we will pay for the insurance company's debt
- The insurance company paid you little - our company will pay you the agreed portion of the underestimated insurance payment and will sue the insurer without your participation!
- The insurance company refuses to pay for unreasonable reasons - we will make the payment for the insurance company in the amount of 60-80% of the predicted insurance compensation by concluding an assignment agreement with you!
- Your insurance company has closed, gone bankrupt, or had its license revoked - our company is ready to buy back such debt only within the framework of MTPL agreements!
Redemption of insurance cases for road accidents Moscow reviews
But the most interesting thing is after my quote from the Federal Law on compulsory motor insurance. they all agreed. that the payment must be made before August 23 (I ask for clarification, however. This is the company’s intention to delay deadlines or the illiteracy of the employees) As of today, August 23.
How to buy out insurance claims in case of an accident
The purchase of insurance cases for road accidents most often occurs under an assignment agreement between the owner of the policy and the legal entity - the acquirer of rights. Having signed the contract, the victim receives the agreed amount, after which he no longer has the right to make claims to the insurance company in this case.
Redemption of an insured accident accident
In order to complete the transaction and receive payments for cases, an agreement (assignment agreement) is drawn up between you and our organization, which obliges you to assign to us the right to claim payment for cases from your insurance company. You were involved in an emergency on the road, which resulted in an accident. The car was damaged, but you never contacted the insurance company; the amount of payment for the case was significantly underestimated; the company has decided to completely refuse to pay you compensation for the case; the company is delaying the established legal payment deadlines; payment in the event is impossible due to the bankruptcy of the insurance company, etc.
Redemption of debt from the insurance company CASCO, OSAGO
"Soyuz Expert" will purchase the debt of insurance companies and other persons under various agreements (loans, supplies, purchase and sale). If you need to quickly repair a car for which the insurance company does not want to give money, then we can immediately provide you with funds by buying out the insurance debt.
Buying out insurance cases in case of an accident
It is worth noting that the purchase of insurance cases is a very successful business. Definitely troublesome, but well paid. And such success attracts dishonest businessmen to this market. It is because of this that people have distrust of such organizations. But there is no need to put everyone on the same page; there are many decent organizations on the market that successfully cope with their responsibilities.