Non-standard Insurance Recourse under Article 43 of the Act on Compulsory Insurance, the Insurance Guarantee Fund and the Polish Motor Insurers' Bureau

Abstract

Recourse claims are an essential aspect of insurance practice. This article concentrates on the institution of a non-standard recourse, which plays an unusual role in the legal system. The author analyses cases provided for by law in which a claim for the non-standard recourse arises. Various situations are discussed where damage has been caused by the driver: intentional damage, drink-driving, driving in a state of intoxication or under the influence of other psychotropic substances. Moreover, the following premises have been examined: taking the possession of a vehicle as a result of committing a crime, lack of driving licence and the failure to stop at the scene of the accident by the offender. The characteristic features of those claims have been highlighted in line with the views expressed in case law and jurisprudence. The author advances the thesis that non-standard recourse claim have an autonomous basis and specific nature, with both resulting from the specific provision of the Act.