Subrogation - examples

In July 2015 in Serbia took place an accident involving a truck insured under a CASCO policy in a Belarusian insurance company.

To the place of the accident was called the police, and they have issued the necessary documents, but the driver for an unknown reason, have not received their copies.

The cost of repairing the vehicle was over 20 000 euro. This amount has been fully transfered by the Belarusian insurer to the service center VOLVO, where it was repaired.

The matter was referred to the Legal Department Balt Assistance Ltd. in September 2015 in order to clarify the circumstances of the incident and the possibility of bringing subrogation claims. In order to clarify all the circumstances of the accident the specialists of Balt Assistance Ltd. have issued a request to the police in Belgrade.

However, the Serbian police sent a reply according to which, in accordance with the laws of Serbia, the request of the foreign company must be directed exclusively through diplomatic bodies wich takes more work on the case and its cost.

Due to the position of the police of Belgrade, Balt Assistance Ltd. Colaborated with the lawyers in Serbia, by which the decision of the police to refuse to provide documents were successfully appealed. As a result of this work Balt Assistance Ltd. received all the police documents that are required to refer to the insurance company of the second participant in the accident. After examining the documents it was revealed that this incident took place by the mutual fault of drivers.

Despite this fact, during the lengthy negotiations with the representatives of the Serbian insurance company, the lawyers of Balt Assistance Ltd. Were able to recieve back 50% of the amount of insurance compensation, namely 10 000 EUR.