Kilka uwag o uprawnionym do dochodzenia roszczenia o pokrycie (zwrot) kosztów najmu pojazdu zastępczego
Some comments about entiteled to claim a cover (refund) for lease of a replacement vehicle

Summary/Abstract: This article brings up one of the important topics connected with the compulsory third party liability insurance of motor vehicle owners. The author of this article writes about one narrow problem of claim resulting from a road accident. If a vehicle was damaged by another vehicle’s driver, the aggrieved cannot use his vehicle because it needs repairing. In such a situation the aggrieved can use a replacement vehicle and demand that the insurer cover (refund) the expenses connected with the lease of this vehicle. In insurance practice it is not obvious who can claim lease expenses of the replacement vehicle. According to the author of this article it is caused by linking this claim strictly with the property right of the damaged vehicle and not with the right to use the vehicle, which may be transferred by the owner of the vehicle to another person. If the vehicle is damaged as a result of a road accident, the entitled user of this vehicle is void of the possibility to use it. Only the user has the right to lease another vehicle and – in this respect – only he can make an insurance claim to cover (refund) the lease expenses of the replacement vehicle. This article sheds light on which legal grounds regarding use of a vehicle are sufficient to refer to damage resulting in loss of possibility to use a vehicle due to the lease of a replacement vehicle.

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