ARTICLES 1/2024
THIRD-PARTY CLAIMS AND/OR DIRECT-ACTION LAWSUITS AGAINST INSURERS – A STEP TOWARD SUSTAINABLE LIABILITY INSURANCE –
ABSTRACT
This paper aims to provide a detailed analysis of how an injured party can assert their right to compensation in motor vehicle liability insurance. It covers the procedures for compensating damages both in extrajudicial (out-of-court) processes and in judicial proceedings. The goal is to examine the procedures, rights, and obligations of both the injured party and the insurer in the compensation process for motor vehicle liability insurance. The established procedure for compensation indicates that the Serbian legislator leans towards reducing the number of compensation lawsuits by mandating that the injured party first address the insurer in an extrajudicial (out-of-court) process by filing a claim for compensation.
Keywords: direct-action lawsuit, claim, claim compensation, proceedings.