Later, Rosgosstrakh explained to RBC that the automation of the recourse collection process does not allow, taking into account all the circumstances, to immediately implement an out-of-procedure decision, including abandoning claims.
The company stressed that the inaction of the insurer in such a situation can be regarded as a violation of the current legislation, but they assured that now lawyers are determining the mechanism for the legal return of the collected funds to her.
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According to the lawyer, the parents of the deceased schoolchild have the right to prove that their child crossed the railroad tracks in the designated place and the incident occurred through no fault of his. At the same time, all the circumstances of the incident were to be established during the investigation of the criminal case, the Teacher emphasized.
According to Yevgeny Korchago, chairman of the Korchago and Partners Bar Association, Rosgosstrakh has no obligation to collect money.
“Nowhere in the law is it written that an insurance company is obliged to recover recourse. Written, may apply for recourse. Moreover, Rosgosstrakh is a commercial organization. Therefore, it is impossible to hide behind the fact that she has any responsibilities. Let them send a link to a document, but I think they will not send it, because it is not there, ”he said.
Rosgosstrakh will return the recovered ₽400 thousand to the mother of the deceased schoolchild
Korchago said that when recovering recourse, the court will be guided by the norm of civil law on recovering harm from the tortfeasor, and for this, first, it is necessary to establish that the accident occurred precisely through the fault of the deceased.
Moreover, the court can take into account certain circumstances and significantly reduce the amount of the recovery of the damage caused, the lawyer added. “In any case, Rosgosstrakh has the right to refuse collection and not to recover recourse,” he concluded.
“I have never heard that money was collected from the relatives of those killed, especially in a railway accident. This does not mean that such processes, in principle, did not exist, but I think that they would be loud and there would certainly be a mention of them in the press. It seems to me that Rosgosstrakh has somehow decided to lay down the new practice, ”Yevgeny Korchago, chairman of the Korchago and Partners Bar Association, told RBC.
The Lastochka high-speed train hit a 15-year-old schoolchild who was crossing the tracks along a ground crossing in November 2019 at the Povarovo station near Moscow on the Oktyabrskaya Railway. Before the ambulance arrived, the teenager died of his injuries.
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