Początek biegu terminu przedawnienia roszczeń poszkodowanego wobec ubezpieczyciela w ubezpieczeniu odpowiedzialności cywilnej
Beginning of the limitation period for claims of the injured party against the insurer in civil liability insurance

Summary/Abstract: The provisions of the Civil Code do not directly determine the beginning of the statute of limitations of a direct claim of the injured party against the insurer in civil liability insurance. Article 819.3 of the Civil Code only states in general terms that direct claims of the injured party against the insurer become time-barred within the time limit set for such claims in the provisions on liability for damage caused by a tort, or arising from the non-performance or improper performance of an obligation, i.e., in the pro- visions specifying the limitation of claims of the injured party against the insured. There are doubts as to how to determine the beginning of the limitation period in the case of various legal bases for claims for compensation of damage. The author assumes that the beginning of the running of the limitation period for direct claims of the injured party against the insurer should also be determined in each case on the basis of those provisions that determine the beginning of the running of limitation period for the claim against the insured, regardless of the legal basis of the claim.

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