Juridiskā atbalsta uzlabošana regresa prasībās ar obligātu autotransporta līdzekļu īpašnieku civiltiesiskās atbildības apdrošināšanu
Legislative improvements to support regress suits linked to compulsory civil liability insurance for a motor vehicle

Summary/Abstract: In this article the author has drawn attention to determination of the legal framework for disputes, arising from the rights of the insurer laid down in the Compulsory Civil Liability Insurance of Owners of Motor Vehicles Law (hereinafter – MTPL Law) to raise subrogation actions against a person, who has caused the loss. The article describes the common and different features of the terms “recourse” and “subrogation”. Several amendments to the MTPL will come into force on 1 May 2019. Amendments to the Law will specify not only certain differences currently existing in practice, for example, in relation to the law coming into force, early termination thereof and determination of certain indemnifications of losses and procedure for calculation thereof, but also will specify the cases and the range of persons, against whom the insurer has the right to direct the subrogation action. The article gives recommendations on how to improve legal certainty in mutual relations between the insured person and the insurer regarding subrogation disputes, arising from the MTPL contract.

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