Subrogacijski zahtevki nosilcev socialnih zavarovanj proti zavarovalnici pri obveznem zavarovanju avtomobilske odgovornosti

slovenian

2014

volume 14, issue 4

Inštitut za delo pri Pravni fakulteti Univerze v Ljubljani
(Obvezni izvod spletne publikacije)

The paper examines the question, in what way and in what amount the social security bodies (Public pension fund and Public health fund) can exercise subrogation rights against the insurer, in cases when social insurance and civil (tort) liability of the tortfeasor for the traffic accident, insured by the private insurance company, cover essentially the same damage. It is submitted that the existing contradiction between the present text of the Compulsory liability Act and Pension Insurance Act should be resolved to the benefit of the latter. The Pension fund should be entitled to claim full amounts of payments, made towards the impaired person, from the insurer. A number of arguments are set forwards. It is also submitted that this legal relationship is, in essence, a subrogation, rather than an (indirect) delict (tort); something to be considered also with regard to future legislation changes.

01.06.2020