In case of signed agreement, the right of compensation, may be realized only by the insurer
The injured at automobile accidents people have no right of indemnity directly from the person, who has caused the damages, if according to the preliminary signed agreement the same are directly compensated by the insurance company under obligatory insurance “Automobilists civil liability” and they have declared that they are fully compensated.
The General Assembly of the Civil and Commercial colleges of the Supreme Court of cassation approve the above mentioned with the argument, that the right of the injured person towards the insurer of the delinquent under the direct claim according to art. 432, par. 1 of the Insurance code is alternatively of the delict right of the injured person under art. 45 of the Obligations and Contracts Act against the person, who bears civil liability. The obligation for compensation of the damages from the executed insurance risk is equal in its contents as well for the insured person as for his insurer.
In interpretative ruling № 1 from 30.01.2017 under interpretative case № 1/2016 is mentioned that the injured person has the right to choose against whom to make his claim for the indemnity. In case that the insurance company satisfies it, the injured subject would unjustifiably claim refund of the compensated damages again through the court authorities and claim against the person, who has directly caused the same damages, is also unjustified. The injured person has opportunity to receive compensation only for those damages, which are not mentioned in the agreement. In these cases, as well when the agreement is unreal, the liability of the responsible subject could be realized for the difference between the received compensation to the size of the actual suffered damages.
The present article doesn’t represent legal opinion or legal advice. The author of the article doesn’t bear liability for the execution of any legal actions on the grounds of its contents.
