HAK SUBROGASI PERUSAHAAN ASURANSI TERHADAP KERUGIAN YANG DITIMBULKAN OLEH PIHAK KETIGA DALAM ASURANSI KENDARAAN BERMOTOR DI KOTA PADANG

Abstract

ABSTRACT  
Insurance is an agreement between the insurer and the insured where the insured is obliged to pay premiums while the insured to pay compensation for the risk. If an error occurs that causes a loss caused by a third party, person who has paid compensation for insured replace the insured in all acquired rights to a third party that has caused the damages or called subrogation. Problems in this study were 1) How does the application of the right of subrogation against the motor vehicle insurance in Padang? 2) Does not apply reason subrogation rights against motor vehicle insurance in Padang?. The method in this research manifold sociological juridical techniques of data collection with interviews and document study, based on all the data obtained from the study, both primary data and secondary data compiled and analyzed by the method of qualitative analysis. Research conducted in the field found that: 1) the application of the right of subrogation to the insurance of motor vehicles in the city of Padang is not applied, because of the risks covered in the premium payment has been calculated. 2) The reason is not applied subrogation rights against motor vehicle insurance in Padang because of the concern of the insurance company to the insured are not honest in filing claims and concerns if the third party no effort to compensate. Keywords: Insurance, Right of Subrogation, Vehicle