Rosgosstrakh will abandon claims against the family of a teenager who died under a train and return his family a fine of 400 thousand rubles

The insurance company Rosgosstrakh will abandon its claims against the family of a teenager who was killed to death by Lastochka at the Povarovo station near Moscow. About it informs “Novaya Gazeta” with reference to the press service of the company.

They said that lawyers “determine the mechanism” for the return of 400 thousand rubles, previously collected from the mother of the deceased.

“Unfortunately, the automation of the recourse collection process 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 abandon the claim. Therefore, now the lawyers of Rosgosstrakh are engaged in resolving the situation, “the company said.

A relative of the deceased teenager confirmed to the publication that representatives of the insurance company called the family’s lawyer and promised to work out the issue of reimbursement of funds.

Insurance lawyer Svyatoslav Shuvalov told The Insider on what basis the damage was taken from the family of the deceased.

“There is Chapter 48 of the Civil Code, which is called“ Insurance ”and lays the foundations for insurance activities in addition to the relevant specialized law. And there is an article that raises a lot of questions in such cases. If a payment has been made under a property insurance contract, then the right of claim in the amount of the payment made to the person guilty of such harm is transferred to the insurer. This legal structure seems difficult to perceive, but in fact everything is quite simple and prosaic: the right to claim damages passes to the insurer.

Now let’s put this on top of the train story. There is a train owner, a tragedy occurred and property was damaged. In the absence of an insurance contract, the owner of this train goes to the guilty person and collects the damage, but since the train was insured, the payment was made, and the insurer went to compensate for the damage. If we abstract from the tragedy and suppose that at the crossing the train touched the car without injuries, then as a result the payment will be made for the train and for the civil liability of the guilty driver, if there is an insurance policy. If there is no train, then the payment will also be carried out, but in the order of compensation for harm, ”said the lawyer.

We will remind, on October 28 it became known that “Rosgosstrakh” demanded more than 400 thousand rubles for the repair of the train from the parents of the student who died under the wheels of the train two years ago. In November 2019, a 15-year-old boy crossed paths in Solnechnogorsk near Moscow and did not hear the warning beep of the approaching Lastochka. The blow threw him 50 meters, he died from his injuries.