Sumy gwarancyjne „na bocznicy”, czyli o nieadekwatności minimalnych sum gwarancyjnych w obowiązkowym ubezpieczeniu odpowiedzialności cywilnej przewoźników kolejowych w Polsce
Guaranteed amounts „on the rail siding” – on the Inadequacy of minimum guaranteed amounts in civil liability insurance of railway carriers in Poland

Summary/Abstract: The aim of this article is to highlight the inadequacy of the minimum guarantee limits for mandatory third-party liability insurance for rail carriers in Poland, in the context of ensuring rail safety and current economic realities. The author points out that since the entry into force of the first (and unfortunately only) Regulation of the Minister of Development and Finance of 25 May 2017 on rail carrier insur- ance, the guarantee limits introduced therein have not been increased for over eight years. The article provides a historical and legal-comparative analysis of the minimum guarantee limits for rail carrierliability insurance in Poland and argues for the need for the legislature to immediately increase these guarantee limits. Arguments in favor of this include, in particular, economic realities related to inflation, the increase in the value of railway investments and rolling stock, and higher guarantee limits in other European countries. The final part will present de lege ferenda postulate resulting from the need to en- sure real protection of potential injured parties in the railway sector and, on the other hand, to ensure the financial stability of insured railway carriers.

• Details
• Contents