Pasażer jako ubezpieczony w ramach obowiązkowego ubezpieczenia OC posiadaczy pojazdów mechanicznych – konsekwencje wyroku TSUE w sprawie C-648/17 BTA Baltic Insurance Company
(The passenger as an insured person under the compulsory motor vehicle insurance – consequences of the judgement of European Court of Justice in case C-648/17 BTA Baltic Insurance Company)

Summary/Abstract: The purpose of this article is to present the consequences of the judgement of European Court of Justice in case C-648/17 BTA Baltic Insurance Company. This verdict indicates that the compulsory motor vehicle insurance covers damage caused by the passenger of vehicle. However, in the light of Polish law, passenger is not recognized as an insured person under the compulsory motor vehicle insurance. As the consequences there are situations, when the insurer is not liable for damage caused by the pas- senger of vehicle. It is contrary to judgement of ECJ in case C-648/17 BTA Baltic Insurance Company. Therefore, the Polish regulations on compulsory motor insurance should be amended to provide insurance protection also in situations, when damage is caused by the passenger of vehicle.

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