An insurer’s right of recourse after a road traffic accident

Recourse is the insurer’s right to recover a payment it has made under a policy from a third party wholly or partly responsible for the loss.

A recourse claim is a claim by someone who has borne liability for compensation from another person who is answerable to them. In insurance, recourse allows the insurer to recover what it has paid from a third party wholly or partly responsible for the damage. Under compulsory motor third-party liability insurance, the insurer may bring a recourse claim where harm to third parties in an insured event was caused: 1. intentionally by the insured; 2. after the driver had consumed alcohol or another intoxicating substance, or where the driver refused to undergo, or culpably evaded, the prescribed test for alcohol or other intoxicants.

Insurers cover losses suffered by third parties, including vehicle repairs, medical expenses and other losses resulting from the accident.

The insurer may pay for repairs to the vehicles and the injured persons’ medical expenses. Contact the particular insurer to establish the terms and extent of the motor liability policy’s cover in the event of a road traffic accident.

Insurers’ practices can vary considerably. For details of the rules governing insurer liability after a road traffic accident, consult a lawyer who handles insurance and tort matters.