Claims against persons liable in damages

(1) A claim to compensation for damage resting on other statutory provisions passes to the insurance carrier, or the provider of integration assistance or of social assistance, insofar as that party must, on account of the event causing the damage, render social benefits that serve to remedy damage of the same kind and relate to the same period as the compensation to be rendered by the tortfeasor. These also include
1. the contributions payable out of social benefits; and
2. the contributions to health insurance that would be payable for the duration of the claim to sickness benefit, without prejudice to section 224(1) of the Fifth Book.
(2) Where the claim to compensation for damage is limited in amount by statute, it passes to the insurance carrier or the provider of integration assistance or of social assistance insofar as it is not required to compensate the damage of the injured party or his or her survivors.
(3) Where the claim to compensation for damage is limited by contributory fault or contributory responsibility of the injured party, the share passing to the insurance carrier or the provider of integration assistance or of social assistance, from the compensation claim passing under subsection (1) in the case of unlimited liability, is the proportion corresponding to the percentage for which the tortfeasor is liable. This also applies where the compensation claim is limited in amount by statute. The passing of the claim is excluded insofar as the injured party or his or her survivors would thereby become in need of assistance within the meaning of the provisions of the Twelfth Book.
(4) Where factual obstacles stand in the way of enforcing the claims to compensation for damage, enforcement of the claims of the injured party and his or her survivors takes priority over the claims that have passed under subsection (1).
(5) Where an insurance carrier or a provider of integration assistance or of social assistance is not, on account of the event causing the damage, obliged to render the injured party or his or her survivors higher social benefits than before that event, the compensation claim passes, in the cases of subsection (3), first and second sentences, only insofar as the compensation owed is not required for full coverage of the injured party's own damage or that of his or her survivors.
(6) A compensation claim passed under subsection (1) may not be asserted, in the case of non-intentional injury, against a person who, at the point in time of the event causing the damage, lives in domestic community with the injured party or his or her survivors. A compensation claim under subsection (1) may also not be asserted where the tortfeasor has, after the occurrence of the event causing the damage, married the injured party or a survivor, or established a civil partnership with that person, and lives in domestic community. In derogation from the first and second sentences, a compensation claim may be asserted up to the amount of the available sum insured, where the damage arose in the operation of a vehicle for which insurance cover exists under section 1 of the Compulsory Insurance Act or section 3 of the Foreign Vehicles Compulsory Insurance Act. The compensation claim may, in the cases of the third sentence, be asserted against the tortfeasor in full where he or she caused the insured event intentionally.
(7) Where the injured party or his or her survivors have received, from the person liable in damages, benefits on account of a passed claim with discharging effect as against the insurance carrier or the provider of integration assistance or of social assistance, they must, to that extent, reimburse the benefits rendered to the insurance carrier or the provider of integration assistance or of social assistance. Where the benefits do not have discharging effect as against the insurance carrier or the provider of social assistance, the person liable in damages and the injured party or his or her survivors are liable to the insurance carrier or the provider of social assistance as joint debtors.
(8) Where the insurance carrier or the provider of social assistance does not prove higher benefits, then, subject to subsections (2) and (3), 5 per cent of the monthly reference figure under section 18 of the Fourth Book is to be compensated per damage event for non-inpatient medical treatment and provision of medicines and dressings.
(9) The agreement of a flat-rate settlement of compensation claims is permissible.
(10) The Federal Employment Agency and the providers of basic security for jobseekers under the Second Book are treated as insurance carriers within the meaning of this provision.