Subrogaţia personală de drept comun a asigurătorului CASCO în drepturile persoanei păgubite faţă de asigurătorul persoanei vinovate. Regresul asigurătorului CASCO împotriva Fondului de garantare a asiguraţilor ca urmare a falimentului asigurătorului
The personal subrogation of common law of the CASCO insurer as regards the rights of the injured person against the insurer of the guilty person. The right to sue for compensation of the CASCO insurer against the policyholder guarantee fund as a resu

Summary/Abstract: Persons who suffered damages due to car accidents caused by fault of the RCA insurance policyholders shall be entitled to compensation by the RCA insurers. In the case where persons who suffered the above-mentioned damages, as they were insured based on a CASCO insurance, would be compensated by their insurers according to the CASCO policies held, their right to compensation would be extinguished in their estate, however, by paying these compensations, in virtue of the provisions of art. 1.593 paragraph (1) and of art. 1.596 letter c) of the Civil Code, the CASCO insurer being the payer shall be subrogated itself to their rights against RCA insurers of the persons responsible for the occurrence of car accidents. According to the provisions of art. 1.597 paragraph (2) first sentence of the Civil Code, the subrogation will produce effects both upon the main debtors – which, in these concerned cases, shall be the RCA insurers of the drivers guilty of causing damages –, as well as against the guarantors of the main debtor – namely, in the examined cases, the Policyholder Guarantee Fund, in virtue of the provisions of art. 2 paragraph (3) of Law no. 213/2015, given that RCA insurers have been declared bankrupt. Considering the provisions of art. 15 paragraph (2) of Law no. 213/2015, the right to sue for compensation of CASCO insurers – subrogated in the compensation rights of the persons injured due to car accidents for which the RCA policyholder drivers are responsible – it is limited to the amount of lei 450,000 for each “insurance creditor” against the Fund – according to the provisions of art. 4 paragraph (1) letter b) point (iii) of Law no. 213/2015 – in the name of which it has been subrogated, namely for each injured person separately, and not for all injured persons having concluded CASCO insurance policies with a certain insurer, which subrogated in their rights by paying compensations.

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