Liability of the perpetrator of a road accident and the insurance company for the damage caused to the road owner consisting in contamination of the road

Abstract

There is a lack of uniformity in court decisions as to whether the perpetrator of a traffic accident and the insurance company with which the perpetrator is bound by a third party liability contract for motor vehicle owners for damage related to the movement of these vehicles are responsible for the damage caused to the road owner consisting in contaminating the road with engine fluids or with parts of damaged vehicles. The issue is generally discussed in this paper. In the opinion of its author, this type of damage is covered by the standard from art.34(1) of the Act on compulsory insurance, Insurance Guarantee Fund and Polish Motor Insurance Bureau of 22 May 2003.

Keywords

• perpetrator of a traffic accident
• third party insurance of motor vehicle owners
• road owner (administrator)
• in solidum liability
• damage caused by the contamination of the road