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30 September, 07:53

Kyle purchased collision insurance on his new car. While Kyle was driving home from work, another driver failed to stop at a stop sign and hit Kyle's car. Kyle phoned his insurance agent and reported the accident. The agent said, "Don't worry, Kyle, we'll pay to get your car fixed. After we pay for the damage to your car, we will try to collect from the driver who damaged your car." The process the agent described is called:

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  1. 30 September, 09:46
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    The process the agent described is called Subrogation.

    Explanation:

    Subrogation is a process in insurance law by which a person (Party A) is exchanged with another party (Party B) regarding a legal right or claim. The party who supplanted the original party is entitled to the rights and liabilities, remedies or securities which ought to have accrued to the party subrogated (party A). For instance, if Mr. X is indebted to Mr. Y in a tune of the sum of $1000, Mr. Z (the subrogee) can subrogate to Mr. Y (subrogor) by making good of Mr. X indebtedness to Mr. Y. Thereafter, Mr. Z can claim against Mr. X and will be entitled to recover the sum of $ 1000 from Mr. X. Subrogation is an exception to the doctrine of "Privity of Contract" in law.

    From the above question, the statement of the agent to Kylie with regards to the driver is a clear indication of Subrogation.
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