When assuming management for a traffic accident claim, the immediate customer consultation is if it will be able to collect repair expenses. But that consultation does not always try whether the personnel’s insurer will recognize that compensation corresponds, but if it will effectively reach the client’s account.
For many reasons that exceed this synthesis, in Argentina many vehicles have incomplete transfers. This leads to being in possession of people who do not necessarily appear as holders in the automotive records.
There are common cases such as Cotitularity, where collection is accredited to any of the holders, provided that the compensation agreement has the conformity of all. There are also vehicles whose ownership is in the middle of a succession, where at least one declaration of heirs will be necessary, applying rules similar to the previous case.
The owner’s verification is crucial because the insurer must take collections to compensate correctly. If it does not, the risk is that the claim can be repeated and must pay again for not having taken the appropriate proceedings.
A frequent question is: “Why, if my name is in the policy, can I not collect the incident?” The answer is simple: insurers do not require that whoever hires the insurance is the holder of the good, but demonstrates legitimate interest in ensuring it. For example, a father can ensure in his name the car he bought for his son, even if he is registered in the name of the son.
To collect compensation, the important thing is to demonstrate legitimate possession of the vehicle. This can be accredited in different ways, but in automotive insurance claims the most common is through form 08. This document, validated by the DNRPA, expresses the will of the registration holder to transfer the good to the buyer.
In practice, many insurers demand that the signs of the buyer and seller be certified by the registration. However, some accept the seller’s signature only, which we consider a reasonable policy.
Author:
Franco Piazze
Lawyer
T ° 131 F ° 976 CPACF
Liquidator of claims and faults mat. No. 446
Tel Study: 1177001957 INT 2001
Cell: 1163690761
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