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On Compliance of Sub-para “d” of Para 1 of Section 41(1) of Compulsory Civil Liability Insurance of Owners of Motor Vehicles Law with Article 105 of the Satversme of the Republic of Latvia.
Case short name: The Compulsory Civil Liability Insurance (Subrogation Claim)The Constitutional Court held :
to recognise Sub-para “d” of Para 1 of Section 41(1) of Compulsory Civil Liability Insurance of Owners of Motor Vehicles Law (in the wording that was in force from 1 November 2007 to 15 December 2017) as being incompatible with Article 105 of the Satversme of the Republic of Latvia and, with respect to persons, to whom it has been applied in court or should be applied in court in legal proceedings that already have been initiated, becomes invalid as of the moment when the infringement upon the fundamental rights of these persons occurred..
The judgement by the Constitutional Court is final and not subject to appeal, it has entered into force at the moment of pronouncement thereof.
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The norm that grants the right to an insurer, in case if an agreed statement is not submitted, to bring a subrogation claim against the driver of a vehicle, who has caused loss to a third person in a road traffic accident, is incompatible with Article 105 of the Satversme
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A case initiated with respect to a norm that grants the right to an insurer, in case if an agreed statement is not submitted, to bring a subrogation claim against the driver of a vehicle, who has caused loss to a third person in a road traffic accident