• Sarmiento 412, 4th. - C.P. C1041AAJ - Buenos Aires - Argentine - Te.: (54-11) 4394-8223 - Fax: (54-11) 4326-0276
    e-mail: estudio@mohorade.com.ar










    RECOVERIES:


                    This is one of the important activities provided by the firm to their clients. There is a wide field of different recovery action, specially for insurance companies subrogated in the rights of their assureds. We put particular emphasis in the investigation and analysis of potential recoveries when the clients paid the compensation to the policy-holders. We consider the files on a case by case basis, and we also take into account the adjustments and the circumstances of the claims in order to begin third party recoveries against the liable subjects.

                    A simple list of the most frequent recoveries is as follows:

                    a) Recoveries against the owner or the liable party of garages, shoppings and supermarkets where a car was stolen or robbed.

                    b) Recoveries of the amounts compensated to the assureds against the responsible party for a fire, which caused damages to objects covered under the insurance policy.

                    c) Recoveries of the sum paid to the insured as a consequence of material damages to cars and other vehicles assured. The claim is made against the person who is liable and caused the damages to the property covered by the insurance contract, and also against the responsible insurance company.

                    d) Recoveries of the amounts paid by Private Preventive Medicine Companies or State Social Works Health System to their affiliateds as a consequence of their treatments for injuries caused by accidents when they were in transit between their jobs and their houses ("in itinere") or caused by other parties (usually car crash). The actions are filed against the responsible insurance company, it could be indemnity insurance or labour risks insurance.

                    e) Recoveries of the damages, loss of income and other additional items suffered by the rail-road companies because the drivers of vehicles (cars, trucks, buses) failed to respect the preventive signals and crossed in a danger or forbidden way the grade crossing, causing an accident.

                    f) Recoveries of unpaid invoices, checks rejected by the banks and promissory notes already due. Our intervention is concentrated in collecting the funds from different debtors. We try to negotiate reasonable settlement agreements to conclude the matters and eventually, if needed, we begin mediation process or lawsuit to keep alive the credit of the client.

                    g) Recoveries against Labour Risks Insurance Companies: According to the Labour Risks Act 24.557, in case workers have a temporary labour incapacity, they are covered by the Labour Risk System the salaries paid by the employer to their incapacity subordinates.
    Therefore all the salaries that the employer has paid to their subordinates (except the salaries of the first ten days since the accident, which are for the employer's account, and seems to be a deductible in the insurance coverage) can be recovered form the Labour Risk System. The same happen with respect to Social Security Contributions and Family Charges.