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The recourse of the insurance company depends on
In insurance, subrogation must meet the following three conditions:

1. Both the cause of the damage accident and the damaged subject matter fall within the scope of insurance liability.

2. The occurrence of an insured accident is caused by the liability of a third party, and the party causing the accident shall bear civil liability for damages to the insured according to law, so that the insured can transfer the right of subrogation to the insurer.

3. The insurer shall enjoy the right of subrogation only after fulfilling the obligation of compensation to the insured in accordance with the contract.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.