Question juridique clé
Whether the injured person's beneficiary priority under Art. 48quater Abs. 3 aAHVG bars the social insurer's subrogation claim when the direct claim is time-barred.
Solution extraite
No. Beneficiary priority presupposes a ranking among enforceable claims against insufficient assets; if the injured person's direct claim is time-barred and unenforceable, there is no ranking to protect.
Motifs extraits
Subrogation is not limited by a hypothetical priority. The provision aims to protect the injured person against insolvency or insufficient coverage, not to shield the tortfeasor or insurer when the injured person's claim cannot be enforced at all.