Kuwait Court of Cassation principle number 1390

The insurer and the third party responsible for the motor vehicle accident. The source of each one's obligation to compensate differs: the former's obligation arises from the insurance contract and the latter's from the wrongful act. The effect thereof. Their concurrent liability for this debt, and the insurer that has paid compensation may be legally subrogated to the injured party's rights against that third party. The condition thereof. The payer must be obligated for the debt with the debtor or obligated to pay it on the debtor's behalf. Article 394 of the Civil Code.