Odpowiedzialność cywilna wynikająca z ruchu urządzeń transportu osobistego i jej ubezpieczenie
Motor Third-Party Liability of Personal Transportation Devices and Its Insurance
Author(s): Marcin OrlickiSubject(s): Civil Law, Public Finances, Transport / Logistics
Published by: Fundacja "Prawo Ubezpieczeniowe"
Keywords: civil liability; personal transportation device; scooter; strict (risk-based) liability; fault-based liability; personal liability insurance in private life;
Summary/Abstract: The aim of the article is to describe the principles of liability of autonomous and dependent possessors as well as of users of personal transportation devices for damage caused by their movement. The liability of holders of such devices is independent of their fault and is based on the principle of risk. However, in the event of a collision between two such transporters or a personal transportation device with a car or a motorcycle, the liability shall be based on the principle of guilt. The liability of the user of a personal transportation device is also fault-based. Owners of personal transportation devices are not subject to the motor third-party liability insurance. As long as these devices are not legally required to be registered, there is no effective mechanism to control the fulfilment of the third-party liability insurance obligation. It is therefore not possible to introduce compulsory liability insurance. However, it is necessary and important to popularize and strengthen the insurance coverage under liability insurance in private life, including liability for damage resulting from the usage of personal transportation devices.
Journal: Prawo Asekuracyjne
- Issue Year: 4/2019
- Issue No: 101
- Page Range: 3 - 17
- Page Count: 15
- Language: Polish