Abstract:

A lot of cases for compensation for traffic accidents against insurance companies are adjudicated by Polish courts. Reports of the Institute of Justice show that a vast majority of them (over 90%) are cases won by the parties injured in these accidents. This state of affairs has a special legal meaning, but it also plays a significant economic role. This results from the determinants of the insurance market in Poland. The functioning of the society and economy and the activity of the courts has grave effects.
The subject-matter of court cases against insurance companies does not only cover disputes between the parties of these proceedings, but also their negative social implications. The purpose of this study is to demonstrate the possible legislative and non-legislative solutions that lead to a reduction of the number of court cases against insurance companies and, in consequence, positive social and economic changes. The analysis covers judicial decisions, including the case-law of the Polish Supreme Court, and also reports on the functioning of the judiciary and the insurance market in Poland. The starting point for the research was to present legal approaches to liability for damages in the Polish civil code. The method of interpretation of applicable law and the statistical method were used in the analysis. The research produced a conclusion that the activity taken up by state authorities should be focused on ensuring that insurance companies observe the law and good practices, whereas legislative steps should primarily include the strengthening of the position of the injured party at the stage of pre-jurisdictional dispute resolution with the insurer.