Acidentes de viação e direito de regresso das seguradoras

: a condução sob a influência de álcool (art.27º, n.º1, al. c) do DL n.º291/2007)

Abstract

The aim of this dissertation is to study the general regime of the insurer's right of recourse in the case of traffic accidents in which the driver have a blood alcohol level higher than legally permitted, with a specific focus on the requirement to prove and allege the causal link between the damage resulting from the accident and the blood alcohol level. This issue was the subject of a uniform ruling in the area of the former law governing the compulsory civil liability insurance scheme Decree-Law n.º 522/85). However, with the entry into force of the current law (Decree-Law nº. 291/2007), the interpretation and applicability of uniform case law decision (AUJ) n.º 6/2002 raises the following question: is proof of the causal link required or not under the current assumptions of art. 27, n.º1, c) of Decree- Law (DL) n.º 291/2007? For a better understanding, we analyzed the evolution of compulsory civil liability insurance in European and national law, compared the differences between the two pieces of legislation mentioned above and studied uniform case law decision (AUJ) n.º 6/2002 and n.º10/2024. It was found that the insurer is not required to allege and prove the causal link between the accident and drink-driving, in accordance with the wording of art. 27, nº1, c) of Decree-Law (DL) n.º 291/2007, unlike what happens in the case of the consumption of narcotics or other drugs or toxic products.

Date of Award	14 Jul 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Ana Afonso (Supervisor)