2015-09-06
184
1. The insurer who has paid compensation shall be entitled to claim reimbursement of the amounts paid by way of compensation from the responsible person if the latter:
1) was driving the motor vehicle under the influence of alcohol, drugs, narcotic or other intoxicating substances, or consumed alcohol or other intoxicating substances immediately after the accident and before the moment when the circumstances of the accident were investigated, or tried to escape a sobriety test;
2) was driving a motor vehicle which does not meet statutory technical requirements and this was the cause of the road accident;
3) was not in possession of a lawful authorisation to drive the motor vehicle or did not hold a licence permitting him to drive the motor vehicle concerned;
4) left the scene of the accident;
5) caused the damage intentionally.
2. If the user of the insured motor vehicle failed to perform his obligations set forth in Article 12 of this Law or performed them improperly which resulted in an increase of damage through the fault of the user, the insurer shall be entitled to claim reimbursement of the sum paid by way of compensation or part thereof from the user. If the policyholder failed to perform his obligations under the insurance contract or performed them improperly, the insurer shall be entitled to claim reimbursement of the sum paid by way of compensation or part thereof from the policyholder. The amount of the reimbursement claimed by the insurer shall be determined by taking into account the degree of the failure to perform the obligations established, the causal relationship with the road accident, the size of the damage caused by failure to perform obligations, other relevant circumstances, and the Procedure for the Assessment of Damages and Payment of Compensation established by the Government of the Republic of Lithuania.
3. Where after the insurer has paid to the injured third party the compensation or a portion thereof it emerges that the injured third party furnished the false information due to which the compensation has been unduly calculated or wrongfully paid, or that the injured third party was paid the compensation by the persons liable for the caused damage, at the request of the insurer the injured third party must reimburse the compensation or a portion thereof which he has received wrongfully.
