REGULATION OF RECOURSE CLAIM GROUNDS IN LATVIAN MOTOR INSURANCE LAW

One of the most important, yet little studied aspects of Latvian motor insurance law relates to regulation of grounds for bringing a recourse claim by an insurer (a national insurers' bureau) and its critical evaluation. Recourse claim grounds in motor insurance law are subject to specific regulation considering special character of relationships arising from damage caused in the result of road traffic accidents and fulfilment of a motor insurance contract. At the same time, regulation of recourse claim grounds shall not become formalistic or unjustified, as this regulation should comply with the principle of justice as a general legal principle and the principle of effectiveness of EU motor insurance law. This article explores regulation of recourse claim grounds in Latvian motor insurance law by identifying recourse claim grounds that could be viewed as complying with those two principles and those who are not due to their formal and unjustified character. Since separate recourse claim grounds are considered formal and contrary to both of the above principles, the author, consequently, suggests solutions for elimination of these shortcomings by offering legislative proposals for Latvian motor insurance law.