SUBROGATION CLAIMS BY FOREIGN SOCIAL SECURITY INSURERS AGAINST DOMESTIC MOTOR LIABILITY INSURERS

In economically stronger European countries, quality social insurance mechanisms have been established, providing various types of compensation to their insured individuals in cases of bodily injury or death resulting from cross-border traffi c accidents. These mechanisms aim to facilitate quicker recovery and mitigate the impact of unfortunate events. Upon the payment of compensation, foreign health and pension insurers claim reimbursement of the paid amounts through the legal subrogation process from the domestic insurance company with which the compulsory liability insurance contract was concluded for damages caused to third parties by tortfeasor. Given that these claims involve an international element, this paper will fi rst analyze the applicable law concerning active standing and the determination of the rights of the foreign insurer. Considering that the extent of the motor liability insurer’s obligation is defi ned by the insurance contract concluded in accordance with the provisions of the Law on Compulsory Traffi c Insurance, this paper will examine whether the foreign social security insurer is entitled to full re imbursement of the paid amounts in accordance with the regulations of its home country or within the limits of the motor liability insurance contract of the tortfeasor.

Keywords: subrogation, health insurance, pension insurance, foreign insurer, motor liability insurance