HAK SUBROGASI PERUSAHAAN ASURANSI TERHADAP KERUGIAN YANG DITIMBULKAN OLEH PIHAK KETIGA DALAM ASURANSI KENDARAAN BERMOTOR DI KOTA PADANG
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.
Penulis: Yudha Prasetyanov, Yanzalzisatry,
yofiza media
Kode Jurnal: jphukumdd151236
