2015-09-06
198
1. The Bureau shall be entitled to claim reimbursement of the sum paid by way of compensation from the person responsible for the damage or from the person who has failed to perform the obligation to conclude an insurance contract where the compensation was paid under subparagraph 1 of paragraph 1 of Article 17 of this Law.
2. The Bureau shall be entitled to claim reimbursement of the sum paid by way of compensation from the person responsible for the damage where the compensation was paid under subparagraph 2 of paragraph 1 of Article 17 of this Law.
3. After having paid compensation to injured third parties in accordance with Article 18 of this Law, the Bureau shall be entitled to claim reimbursement of the amounts paid by way of compensation and of other amounts related to the payment of compensation from the following institutions:
1) a compensation body of another Member State of the European Union in which the insurance undertaking of the responsible person is established if the motor vehicle which caused the damage was insured but the insurance undertaking of the responsible person or its claims representative has not paid compensation for the damage;
2) the guarantee fund of another Member State of the European Union in which the motor vehicle of the responsible person is normally based if the responsible insurer in the Member State of the European Union cannot be identified;
3) the guarantee fund of another Member State of the European Union in which the road accident occurred if the motor vehicle which caused the damage cannot be identified;
4) the guarantee fund of another Member State of the European Union in which the road accident occurred if the damage was caused by a motor vehicle normally based in a foreign state.
4. After having paid compensation to the injured third party, the Bureau shall, on the basis of the Regulations on Cooperation or the provisions of an agreement on the recognition of reciprocal settlement of claims, be entitled to claim reimbursement of the amount paid by way of compensation and of other amounts related to the payment of compensation from the responsible insurer of another Member State of the European Union or a foreign state, the national insurers’ bureau or the guarantee fund of another state.
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5. After having paid the amount claimed by a compensation body of another Member State of the European Union, the Bureau shall be entitled to claim reimbursement of the amount so paid from the responsible insurer, the responsible person or the person who did not fulfil the duty to conclude a contract, or the national insurers’ bureau or the guarantee fund of another state, if it has assumed responsibility for this case of causing damage in accordance with the Regulations on Cooperation or the provisions of an agreement on the recognition of reciprocal settlement of claims.
6. After having paid compensation instead of any of its members, the Bureau shall be entitled to claim reimbursement of the amounts so paid from the insurer concerned.
7. Where it becomes known, after the Bureau has paid compensation or part thereof to the injured third party, that the injured third party provided false information which resulted in incorrect calculation of the compensation and illegal payment thereof in respect of damage or where the injured third party received compensation for damage from persons responsible for compensating the damage, the injured third party shall, at the Bureau’s request, reimburse the compensation or part thereof.
