Question juridique clé
Whether the insurer's recourse claim for mandatory LAINF benefits against the railway company was prescribed.
Solution extraite
The prescription period began on the day of the accident and was not interrupted before February 2002; the mandatory-benefits recourse was therefore prescribed.
Motifs extraits
Under Art. 14 LRespC, the limitation period for railway-liability claims starts on the accident date. The insurer, as statutory successor to the victim's claim under Art. 41 LAINF, stands in the same position as the injured person and is subject to the same exceptions, including prescription. Practical difficulties in quantifying the claim do not justify shifting the start of prescription.