The insurance company “Rosgosstrakh” demanded compensation for damage in the amount of 400 thousand rubles from the family of a 15-year-old teenager who was hit to death by a high-speed train “Lastochka”. This was announced by the Dozhd TV channel , which got acquainted with the pre-trial claim sent in September to the mother of the deceased. In the document, the company asked to return the money that the insurer had paid to Russian Railways for repairing the train that had crashed.
The schoolboy died on November 19, 2019 from a high-speed train hit at the Povarovo railway station in the Solnechnogorsk district of the Moscow region. As reported by “Moskovsky Komsomolets”, a young man in headphones was crossing from one platform to another along a ground pedestrian crossing and did not notice the approaching electric train Tver – Moscow. The driver gave a sound signal and tried to stop the train, but in the end the train hit the young man. From the impact he was thrown 50 meters, he died before the arrival of an ambulance.
The company “Rosgosstrakh” paid Russian Railways compensation for the repair of the train, and then announced to the mother of the deceased teenager that the insurer had passed the right to demand money from the person responsible for the damage or from his legal representatives. The claim stated that the schoolboy’s guilt in the accident was established, since he violated the rules for being on the railway tracks.
“In order to avoid transfer of collection to the judicial stage and an increase in the amount of debt, you need to pay an amount of 400,972.37 rubles within 10 days from the date of receipt of this letter,” the letter from Rosgosstrakh said. If the case goes to court, the company noted, the amount of recovery may increase by 25%, and in case of refusal to pay damages, the court may recover real estate and other property from the family. The mother of the deceased teenager paid the money to the company before the trial, but decided to file a retaliatory claim against Rosgosstrakh, her lawyer Dmitry Minaev said.
On October 29, Dozhd announced that Rosgosstrakh was going to return the money collected from the teenager’s family. The company said that recovery of recourse after payment of insurance compensation to the victim is “an integral part of the work of any insurance company.”
Unfortunately, the automation of the recourse recovery process and a number of procedures for supporting pre-trial or court claims may not take into account the social component and consequences for a particular person or family, and does not allow, taking into account all the circumstances, to immediately implement an extra-procedural decision – for example, to abandon a claim.
Rosgosstrakh added that “they are considering the possibility of resolving the situation with regression to the family of the deceased <…> and are determining the mechanism for the legal return of the recovered funds.”