The transfer of the insured's rights towards the responsible person to the insurer (subrogation) occurs in those insurances where the indemnity principle prevails. Upon realization of the insured event in case of indemnity insurance, the insurer is obliged to pay the insurance premium to the insured. However, at that moment, based on the law itself, the insurer acquires all the rights of its insured and thus the right to file a recourse claim against the injured party to the extent and amount in which the insurer paid its insured. However, the right of subrogation is not synonymous with the right of recourse, since the insurer acquires the right of recourse only through the transfer of the insured's rights. Although there is contractual subrogation in terra, it is not necessary in insurance law, since the transfer of rights occurs ex lege, and therefore it is not necessary to enter into an assignment contract. Furthermore, the insured cannot demand compensation from the injured party if the insurer has paid the insurance premium, that is, it is not possible for the insured to file a claim for compensation for the same damage and for the insurer to file a recourse claim against the injured party. The statute of limitations for the insurer's claims after the transfer of rights begins to run from the moment the insured learns about the damage and the victim, and that the statute of limitations is three years, since it is a compensation for damages, for which the general statute of limitations applies.