Rules
a) General rule
In accordance with the general principles of law, who caused injury to another is obliged to remedy. With regard to the holders (managers) vehicles, to clarify the rule contained in Article. 436 civil codes (the Civil Code). This article provides for two types of liability of the holder, namely strict liability (§ 1), and in case of fault (§ 2).
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b) Strict liability
The strict liability holder (driver) is responsible for damage to person or property, caused by the movement of the vehicle to anyone, except that:
loss caused by force majeure or
only the fault of the victim or
third party, for which he is not responsible.
This occurs, for example, responsibility for the vehicle occupants.
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c) fault-based liability
It is also possible to respond on the basis of fault, as in the following cases:
in the event of damage resulting from a collision of the two vehicles
in the event of damage to a third party vehicle traffic transported in a vehicle in favor of the perpetrator,
in the event of damage during stops, loading, unloading the vehicle and garage,
in the event of damage when boarding and alighting from the vehicle.
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d) the issue of victim contribute to or increase the damage
In a situation where the victim is considered to be a person who has contributed to the injury (eg, a passenger riding without a seatbelt), the compensation due will be reduced in proportion to the degree to contribute on the basis of Art. 362 Civil Code.
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e) liability insurance (OC)
Holders in order to avoid liability asset (often very high) for damages in respect of motor vehicles, as well as to facilitate redress for victims and payment of due compensation and reparations, insure your vehicle liability insurance of vehicle owners. The law provides for compulsory motor insurance of civil liability under Art. 23 of the Act of 22 May 2003 on Compulsory Insurance, the Insurance Guarantee Fund and Polish Motor Insurers' Bureau.
By the contract of insurance the insurer undertakes to fulfill a particular benefit in the event of an accident specified in the contract. The contract of compulsory insurance of civil liability covers your liability entity subject to compulsory for tort damages and caused by non-performance or improper performance of the obligation, if not contrary to the Act or properties (nature) of the type of relationship. It is therefore the responsibility of the guarantee. With the victim in connection with the event covered by a contract of compulsory insurance of civil liability may claim directly from the insurance company, not only from the perpetrators, who often is an individual.
consisting of the damage, destruction or loss of property caused by the driver of a motor vehicle holder, this also applies to a situation in which the holder of a motor vehicle, the damage has been done, is the owner or co-owner of a motor vehicle in which the damage was done; But according to the thesis of the judgment Supreme Court dated 07.02.2008 was, "The insurer shall be liable warranty arising from a contract of compulsory insurance of civil liability of vehicle owners for personal injury caused to the vehicle including a passenger with a driver who is a co-owner of the vehicle." This means that injured as a passenger vehicle and not bearing fault accident, have the right to redress and reparation.
resulting in transit fee charges, shipments or baggage unless its liability for the resulting damage is the holder of a motor vehicle other than a vehicle transporting these items;
including the loss of cash, jewelry, securities, all kinds of documents and collections of stamps, coins and the like;
involving pollution or contamination of the environment.
In such cases, the insurer will not pay compensation, but the injured party has the right to apply directly to the perpetrator. The holder or a driver who caused the damage, perhaps even in other cases be placed in a situation where their own resources will have to cover the value of the compensation paid. This applies to the so-called. Recourse plant, led directly to the driver of the insured vehicle, if:
caused the damage intentionally or in a state of intoxication
took possession of the vehicle as a result of a crime
did not have the required permission to drive the vehicle, except in cases of saving human life or property, or criminal prosecution.
The insurance pays compensation if injured, then there is indemnity return directly to the driver of the vehicle.
