Regres nietypowy ubezpieczyciela jako instrument prewencji w ruchu drogowym
Atypical recourse of the insurer as an instrument of prevention in road traffic

Summary/Abstract: The subject of the article is the so-called atypical recourse in compulsory motor third party liability in- surance. The term is used to describe the insurer’s claim to the insured who is the tortfeasor of a traf- fic accident for reimbursement of the compensation paid if he/she caused the accident in particularly blatant and reprehensible situations indicated in the law, such as after using alcohol or drugs, without the required authorizations or if he fled the scene of the accident. The legal basis for the insurer’s re- course claims against the insured is Article 43 of the 2003 Law on Compulsory Insurance.Atypical recourse raises a number of problems, such as the legal nature of recourse, the statute of limitations, and the admissibility of recourse to the accident tortfeasor’s legal successors. The es- sential thread of the article is the analysis of the impact of atypical recourse on the prevention of traffic accidents by motor vehicle drivers by stimulating them to increased care and caution on the road through legal and insurance instruments. The use of atypical recourse is optional, but given its functions, espe- cially its preventive and educational function, it is reasonable to call for greater use of atypical recoursein insurance practice. Thanks to this institution, the driver of a motor vehicle who commits particularly blatant and reprehensible behavior in traffic will not feel unpunished, since, despite having a third-party liability policy, he/she may be charged with the burden of the damage caused.

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