The insurer has a right to claim from the wrongdoer
or third party
The doctrine of subrogation is defined in Joubert
(ed) The Law of South Africa
vol 12 (first re-issue) para 373 as follows:
'Subrogation as a doctrine of insurance law embraces a
set of rules providing for the reimbursement of an insurer which
has indemnified its insured under a contract of indemnity
insurance. The gist of the doctrine is the insurer's personal
right of recourse against its insured, in terms of which it is
entitled to reimburse itself out of the proceeds of any claims that
the insured may have against third parties in respect of the
loss.'
Typically, an insurer covers the insured for a certain
eventuality, i.e., a motor vehicle collision/ accident. Upon
occurrence of such eventuality, an insurer would indemnify its
insured, however it does not end there, the insurer in turn is
subrogated to the rights of the insured, which essentially means
that, the insurer has the personal
