Subrogation of social insurer

Subrogation is a coordination mechanism between social insurance and liability law. When a Swiss social insurer pays benefits for harm caused by a responsible third party, it may step into the insured person’s corresponding compensation claims to the extent of its payments. This prevents double recovery and shifts the financial burden to the liable party or its insurer. The insured person retains claims not covered by social insurance, such as uncovered loss or, where available, non-economic harm. Practical issues include causation, allocation of heads of damage and limitation periods.