Insurer's Right of Subrogation Against Insured Not Extinguished by Prohibition on Action Against Responsible Party

A driver, whose vehicle was insured under a mandatory liability policy, was involved in an accident that caused personal injury and property damage to a third party; the insurer subsequently initiated an action against the driver to recover the amounts it paid out under the terms of the policy, arguing the driver was solely at fault for the collision. The court of cassation quashed the lower court's decision, holding that the insurer's right of subrogation against its insured, based on the insured's fault, is not extinguished by the legal principle that forbids an action by an insurer against a person legally responsible for the damage, as this principle is designed to protect third parties and not the insured individual who is being directly sued by their own insurer for reimbursement of mandatory coverage payments.