Insurer's Right of Recourse (TTK Article 1481): Insurer Returns to the Responsible Driver

TTK Article 1481: The insurer shall be successor to the rights of the insured as much as the compensation paid to him and may have recourse to the responsible person.

Case of Recourse

• Traffic insurer → third party at fault
• Health insurer → malpractice physician
• Fire insurer → Arsonist

Subrogation Principle

• The insurer replaces the insured in proportion to the amount paid
• The insured's rights to sue pass to the insurer
• The insured and the insurer cannot claim rights side by side (prohibition of repeated collection)

Recourse Process

1. The insurer pays the insured
2. In writing to the responsible 3rd party demand
3. If not paid, enforcement proceedings/lawsuit

Duration

• 2 years from the date of payment (TBK art. 72)
• In any case, 10 years

Supreme Court 11. HD and 17. HD

17. HD accepts that the traffic insurer has a clear right to "recourse to a drunk driver" and that collection can be made from the at-fault driver after the insured (victim) is paid. href="/contact">Insurance law lawyer recommended.