WHAT IS THE LAW OF REPETITION OF THE INSURER?

WHAT IS THE LAW OF REPETITION OF THE INSURER?

The law of repetition of the insurer is a concept of applies to the vehicle insurance. The right to repeat empowers the insurance company to claim the insured paid once the compensation, if a series of specific circumstances.

According to article 10 of the law of Civil liability and insurance in the vehicle driving motor, the insurer, after payment of compensation, may be repeated:

1. Against the driver, causing vehicle owner and the insured, if the damage was due to the fraudulent conduct of any of them or driving under the influence of alcoholic beverages or toxic drugs, narcotics or psychotropic substances.
2. Against the third party responsible for the damage.
3. Against the policyholder the insurance or insured, for the reasons laid down in the Law 50/1980, of 8 October, insurance contract, and, in accordance with provisions in the contract, in the case of driving the vehicle by who lacks the driving licence.
4. In any other event that could also proceed such repetition in accordance with laws.

The repetition of the insurer right prescribed after one year from the date on which the compensation was paid.

JOINT AND SEVERAL LIABILITY

But, what if, for example, the driver is not the policyholder?

The responsibility for causing driver incident, the owner in traffic, and the insured/policyholder, is solidarity. This means that such liability is applicable to all these people, so that all respond to the obligation, without the need for prior declaration of insolvency of the principal. Therefore, the insurer can go against any or all at the same time for their compliance. However, typically it is claimed in first against the causing actual loss.

RIGHT TO REPETITION OF THE CONSORCIO DE COMPENSACIÓN DE SEGUROS

The Consorcio de Compensación de Seguros may exercise the right to repeat in the same cases to other insurance entities.

The consortium may also repeat too against the owner and the person responsible for the accident in the case of an uninsured vehicle, or authors, accomplices or accessories after the fact of robbery or theft of use of the vehicle causing the accident, as well as against the person responsible for the accident that he knew of the theft.

EXCLUSIONS IN THE POLICY

So that the insurer can exercise their right to repeat, in the Voluntary Civil liability coverage or in the General exclusions of General conditions section you have to include the exclusion of the following facts:

• Those produced when the driver is intoxicated or under the influence of drugs, toxic or narcotic.
• Those produced when the proof of alcohol after the accident indicated rates exceeding the permitted for each type of vehicle.
• Those produced when the driver lacks does not have a driving licence or has broken the sanction of cancellation or withdrawal of the same (with the exception of provisions for children under age in the expansion of liability assurance).

RIGHT TO REPETITION IN THE EVENT OF NON-DECLARED DRIVERS

The room of the Civil of the Supreme Court recently issued a judgment, dated November 20, 2014, why the void clause in a contract of car insurance by which does not cover in case the vehicle drives it to anyone under 26-year-old undeclared in the policy.

The judgment applies the law 21/2007 reforming the Royal Legislative Decree 8/2004 approving the law on civil liability and insurance in the circulation of motor vehicles.

Until the Reformation, you could exclude coverage, in the compulsory insurance, for the reasons outlined in the law and by those others which are designated in the contract. In this way, the insurance company could introduce additional limitations that exclude coverage. However, with the reform possibility of exclusion of coverage, for reasons provided for in the insurance contract itself disappears.