Subrogation - examples

In September 2014 in Germany took place an accident involving a vehicle Lexus, the insured under the policy CASCO in a Belarusian insurance company.

As a result of the collision the car received considerable damage that it is imposible to be reparaed. The total amount of insurance payments made by the Belarus insurer amounted to more than 18 000 EUR.

After receiving the information on this accident Balt Assistance Ltd. offered the insurer to arrange an investigation to identify the guilty party, and identify opportunities for compensation by subrogation.

The lawyers of Balt Assistance Ltd. in Germany have collected all the information on the case and contacted the prosecutor's office in Munich to get the case file on the accident. Five days later, the documents were received. From the materials of the police identified that, in the accident that involved three vehicles, and the culprit was the Austrian driver who drove into the oncoming lane, and lost control.

The Representative of Balt Assistance Ltd. In Austria contacted the responsible for the accident and made a claim for compensation of insurance payments to the Belarusian insurer. In response to these demands, the driver reported that his responsibility was represented by the insurance company Wiener Insurance with liability limit of EUR 500 000 and provided a copy of the insurance policy.

The Lawyers of Balt Assistance Ltd. have prepared and translated into German a full package of documents for registration of claims for subrogation payments. There was also organized an independent examination in Austria for the purpose of calculating the amount of damage caused to the vehicle.

As a result of negotiations with the insurer under the bilateral commission Balt Assistance Ltd. managed to recover the full amount of insurance payment for the Belarusian insurer, excluding depreciation of the vehicle, including the cost of repairs, assessment and evacuation.

However, the work of Balt Assistance Ltd. did not end here. The legal Department, decided to provide assistance to the insured person himself and his family to get the compensation for their losses as a result of the accident.

As a result of the accident, the vacation of the Belarusian family of 4 was interrupted, before it began. They did not reach their destination and for 4 days thay engaged in registration of the case at the police station, as well as ordering a car back to Belarus. As a result, they paid the costs of the hotel accommodation and meals, and were forced to return to the Republic of Belarus by plane.

On behalf of the families of the victims the lawyers of Balt Assistance Ltd. Were able to obtain compensation for the cost of accommodation, meals, airfare, as well as non-pecuniary damage suffered as a result of interrupted vacation and suffered nervous shock. All actual costs of 2 500 EUR were offset to the family of the insured. In addition, our lawyers have made payments in the amount of 850 EUR for each of the 4 members of the family of the insured, allowing them to plan and pay for a new vacation without the spending their own funds.