The limitation of action for subrogation starts from the date of the insured accident, and there is bound to be a time difference between the date of completion of the claim and the date of the insured accident, which may lead to the loss of the limitation of action for subrogation. Therefore, it is necessary to have a fixed obligation of recourse to ensure the continuation of the limitation of action (there are red-line insurance clauses abroad, and the insurer reminds the insured to protect his claim for damages against the third party in the insurance policy). As for the negotiation between the insurer and the third party who caused the damage to the subject matter insured before settlement, it does not constitute the interruption of the limitation of subrogation of the insurer, so the insurer did not pay the insurance premium at that time and did not enjoy the right of subrogation. Of course, the insurer obtains the right of subrogation after settlement. Even if the insured fails to fulfill the obligation of recovery, the insurer's recovery behavior during the limitation of action is enough to interrupt the limitation of action, and the insured does not need to inform the third party of the fact of the transfer of rights and interests. Therefore, the insurer should claim compensation from the third party as soon as possible. According to China's current legal norms, the limitation of action of the insurer's right of subrogation mainly includes the following two categories: the limitation of insurance litigation due to litigation and the provisions that should be applied during the limitation of claim for compensation unless otherwise stipulated by other third parties. According to different civil legal relations and the cognitive level of the parties, the General Principles of Civil Law stipulates three kinds of limitation of action, namely 1 year, 2 years and 20 years. The limitation of action is determined according to the limitation of action that the insured should apply for. However, due to the tort or breach of contract of a third party, there is an accident of limitation of action insurance stipulated in the special civil and commercial law, and if the insured has special provisions on the limitation of claim against the third party or the civil law has provisions, the provisions of other laws shall apply. According to the legal principle that "special law is superior to common law", special civil and commercial laws other than the General Principles of Civil Law should be applied first. In this case, the insurer's right of subrogation should be exercised according to the scope of the insured's claim for damages against the third party. In property insurance, the third party may damage the subject matter insured due to infringement and breach of contract, and there is also the issue of insurance subrogation caused by general average in maritime law. Civil tort liability, according to the specific circumstances of the tort, the infringer shall bear the civil liability of returning property, restoring the original state and compensating for losses. Those who encroach on property shall return the property; If the property cannot be returned, it shall be returned or compensated at a discount. If the victim suffers other heavy losses as a result, the infringer shall also compensate for the losses. In view of the nature of insurance, the insurer's tort subrogation refers to the right to claim damages, excluding the right to return property and restore the original state. Civil liability for breach of contract shall take the form of performance, remedial measures or compensation for losses. The insurer's right of subrogation in the case of breach of contract is only compensation for losses, excluding continued performance and subrogation, and does not enjoy all the rights that the insured can exercise against a third party. The insurer can claim compensation by subrogation, and the insured can compensate for the damage of the third party. First of all, the insurer's subrogation right is limited by the amount of insurance compensation. The amount of loss within the scope of secondary insurance liability belongs to the scope of rights that the insurer can exercise by subrogation. Outsiders outside the insurance liability are not liable for compensation in principle, so the insurer's right of subrogation does not include the claim for compensation for this loss. In addition, if one party breaches the contract due to the reasons of a third party, it shall be liable to the other party for breach of contract. Disputes between a party and a third party shall be settled in accordance with laws or agreements. Under the principle of fault liability, if the subject matter insured is damaged by a third party other than the parties to the basic contract (taking shipping insurance contracts as an example, the freight contract as the basic contract), the insurer's right of subrogation is also limited. For example, a traffic accident in which two cars collided causes loss of goods, and the accident liability is nothing more than the carrier's own reasons, the other party's reasons and mixed reasons. No matter what the reason, it will lead to the breach of contract between the carrier and the shipper (the insured), and the shipper certainly has contractual rights with the carrier. However, if the carrier violates the contract with the shipper due to the other party's reasons, according to Article 12 1 of the Contract Law, the shipper cannot pursue the other party's liability, but based on the other party's infringement, the shipper can directly pursue the other party's tort liability. In this case, the insurer can only choose subrogation tort damages to directly investigate the other party's responsibility, but can't choose the carrier's liability for breach of contract.

Two. What is the judicial disposal process of non-performing loans?

The judicial disposal process of non-performing loans is as follows: first, try to entrust a law firm to send a "lawyer's collection letter" for collection. When entering the litigation procedure, it is necessary to sort out the compliance of the whole loan issuance process before the litigation, and review the legality and integrity of the litigation materials. Article 13 of the Interim Measures for the Management of Working Capital Loans: The lender shall conduct due diligence by combining on-site and off-site methods, form a written report, and be responsible for the authenticity, completeness and effectiveness of its contents. Due diligence includes but is not limited to the following contents: (1) the organizational structure, corporate governance, internal control and credit standing of the legal representative and management team of the borrower; (2) The business scope, core business, production and operation, business planning and major investment plans of the borrower during the loan period; (3) the industry status of the borrower; (four) the borrower's accounts receivable, accounts payable, inventory and other real financial conditions; (5) The borrower's total working capital requirements and existing financing liabilities; (6) Related parties and related transactions of the borrower; (seven) the specific purpose of the loan and the use of the counterparty's funds related to the loan purpose; (8) Sources of repayment, including cash flow, comprehensive income and other lawful income generated by production and operation; (9) For secured working capital loans, it is necessary to investigate the ownership, value and realization difficulty of the collateral, or the guarantee qualification and ability of the guarantor.

Three, seven suggestions for safe subrogation?

When an accident happens, everyone should first choose the quickest and most convenient way to deal with it, even if it requires you to pay a certain amount of money, because your time, energy and mood are far more important than the little money you pay, which is worth cherishing.

2. There is no insurance and no annual inspection when we meet, so don't worry too much. Now many insurance companies have introduced subrogation service, which is really bad. You can start this service, and it is more reliable to inspect the goods in person.

3. In the accident appraisal, if the traffic police arrive at the scene, it is best to ask the traffic police who are present at the scene to open the accident appraisal immediately. Some accidents are transferred to the accident department instead of the on-site traffic police, so many times the traffic police in the accident department will muddle along and waste a lot of your time in order to deal with them as soon as possible.

If it is very clear that it is the other party's responsibility and you insist on accompanying the other party, then don't admit part of the responsibility. The big deal is that you can't drive, let the other party's car be checked by the traffic police, and move the insurance as soon as you admit your responsibility. The price increase of insurance next year is certain.

5. If you encounter a major accident, especially knowing that the compensation amount will exceed 1 000, don't make claims casually. What should I do if I agree to settle the matter privately and don't report to the insurance and traffic police, and the other party refuses to settle the claim? It's not a minor accident. Let's take the traffic police and insurance.

6. Some insurance companies only bear the full responsibility of subrogation. It must be noted that if they only take full responsibility for each other, they must not admit responsibility when issuing the accident certificate.

7. The subrogation recovery of some insurance companies is included in the number of occurrences, which may affect the premium of the next year after use. Please pay attention to the relevant terms when buying auto insurance.

Fourth, how to recover non-performing loans through litigation?

The starting time of the limitation of action for subrogation is from the date of the insurance accident, and there is bound to be a time difference between the date of completion of the claim and the date of the insurance accident, which may lead to the loss of the limitation of action for subrogation. Therefore, the insured is required to perform certain recovery obligations after the insured accident, so as to ensure the continuation of the limitation of action (there are red-line insurance clauses abroad, and the insurer prints a set of red clauses on the insurance policy to remind the insured to pay attention to preserving his claim for damages against the third party). As for the negotiation between the insurer and the third party who caused the damage to the subject matter insured before settlement, it does not constitute the interruption of the limitation of subrogation of the insurer, so the insurer did not pay the insurance premium at that time and did not enjoy the right of subrogation. Of course, the insurer obtains the right of subrogation after settlement. Even if the insured fails to fulfill the obligation of recovery, the insurer's recovery behavior during the limitation of action is enough to interrupt the limitation of action, and the insured does not need to inform the third party of the fact of the transfer of rights and interests. Therefore, it is also a way to claim for the insurer in time and recover the limitation of preservation from the third party as soon as possible. Based on the above understanding, according to the current legal norms in China, the limitation of action of the insurer's right of subrogation mainly includes the following two categories: the limitation of action for an insurance accident due to the infringement or breach of contract by a third party, and the provisions of the General Principles of the Civil Law on the limitation of action shall apply, except that other laws restrict the insured's right to claim compensation from a third party. According to different civil legal relations and the cognitive level of the parties, the General Principles of Civil Law stipulates three kinds of limitation of action, namely 1 year, 2 years and 20 years. When exercising the right of subrogation, the insurer shall determine the limitation of action according to the limitation of action that the insured should apply. However, if an accident of limitation of action insurance stipulated in the special civil and commercial law occurs due to the infringement or breach of contract by a third party, and the insured has special provisions on the limitation of claim against the third party or other laws other than the general principles of civil law, the provisions of other laws shall apply. According to the legal principle that "special law is superior to common law", special civil and commercial laws other than the General Principles of Civil Law should be applied first. In this case, the exercise of the insurer's right of subrogation shall be determined in accordance with the special law that the insured claims damages from a third party. The scope of property insurance, the third party may damage the subject matter insured due to infringement and breach of contract, and the insurance subrogation caused by general average in maritime law. Civil liability of tort, according to the specific circumstances of tort, the infringer shall bear the civil liability of returning property, compensating for discount, restoring subrogation to its original state and compensating for losses. Those who encroach on property shall return the property; If the property cannot be returned, it shall be compensated at a discount. If property is damaged, it shall be restored to its original state or compensated at a discount. If the victim suffers other heavy losses as a result, the infringer shall also compensate for the losses. In view of the creditor's right nature of insurance company's subrogation, the insurer's tort subrogation refers to the claim for damages, excluding the return of property and restitution. According to Article 107 of the Contract Law, the civil liability for breach of contract can be in the form of continuing to perform, taking remedial measures or compensating for losses. The insurer's right of subrogation for breach of contract only compensates for losses, not including continuing to perform and taking remedial measures. It can be seen that the insurer does not enjoy all the rights that the insured can exercise against the third party when exercising the right of subrogation. The insured's claim for damages against the third party exercised by the insurer in subrogation is not completely consistent with the amount range of the insured's claim for damages against the third party. First of all, the insurer's subrogation right is limited by the amount of insurance compensation. Secondly, related to the scope of insurance liability, the amount of losses incurred within the scope of insurance liability belongs to the scope of rights that the insurer can exercise by subrogation. In principle, the insurer is not liable for the loss of the insured goods caused by reasons other than insurance liability, so the insurer's right of subrogation does not include the claim for compensation for such losses. In addition, Article 12 1 of the Contract Law stipulates that if one party breaches the contract due to the reason of a third party, it shall be liable to the other party. Disputes between a party and a third party shall be settled in accordance with laws or agreements. Under the principle of fault liability, if the subject matter insured is damaged by a third party other than the parties to the basic contract (taking shipping insurance contracts as an example, the freight contract as the basic contract), the insurer's right of subrogation is also limited. For example, a traffic accident in which two cars collided causes loss of goods, and the accident liability is nothing more than the carrier's own reasons, the other party's reasons and mixed reasons. No matter what the reason, it will lead to the breach of contract between the carrier and the shipper (the insured), and the shipper certainly has contractual rights with the carrier. However, if the carrier violates the contract with the shipper due to the other party's reasons, according to Article 12 1 of the Contract Law, the shipper cannot pursue the other party's liability, but based on the other party's infringement, the shipper can directly pursue the other party's tort liability. In this case, the insurer can only choose subrogation tort damages to directly investigate the other party's responsibility, but can't choose the carrier's liability for breach of contract.