Insurance. Seeking legal remedy of the insurer. The date from which the limitation period begins to run

DREPTUL AFACERILOR

Abstract

In order to establish the limitation period, the court of appeal has wrongly considered that the date on which the limitation period begins to run is the date on which the insurance compensation is paid. By the subrogation governed by art. 22 of Law no. 36/1995 - as a manner of transfer of the obligations - the substitution of either party to the obligational legal relationship takes place, namely, the injured person, with another person, respectively the insurer, which thus acquires all rights of the paid creditor (injured person) against the debtor (the person liable for causing the damage). Therefore, as an effect of the subrogation, the debtor may oppose to the new creditor all means of defence which it had against the initial creditor, including limitation, and the respective limitation begins to run from the date on which the injured person knew or should have known both the damage and the person liable for this damage.