Review article

The legal nature and maturity of an insurer's obligation to pay compensation for damages in compulsory automobile liability insurance

Iva Atlija

Abstract

This paper provides an overview of legislation and case law in terms of the maturity of the insurer's obligation to pay compensation in compulsory automobile liability insurance. The standpoint of this paper is that the insurer's liability is (in any insurance contract, including compulsory insurance for automobile liability) of a contractual nature, and it is therefore necessary to clearly distinguish it from the offender's liability for the car accident, which rests on a non-contractual basis. For this reason, when the injured party approaches the insurer with the damages claim (and also later in a lawsuit), different rules are relevant for determining certain aspects of the insurer's liability than if the injured party claimed compensation directly from the offender.

Keywords

compulsory insurance; insurer; maturity; material damage; non-material damage

Hrčak ID:

165883

URI

https://hrcak.srce.hr/165883

Publication date:

26.7.2016.

Article data in other languages: croatian

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