A reader came to our editorial board, who participated in a seemingly typical road collision in Jelenia Góra – at the intersection of Kiepura and Wojciech Kilar streets, where a change in the organization of traffic was late introduced. From the side of the Sudecka Gallery you can no longer turn left into John Paul II Avenue – only the right turn, towards the roundabout is mandatory.
Our reader was moving according to the fresh rules, driving from the direction of Jeżow Sudecki. Then another car hit his vehicle. According to the report, the perpetrator did not quit precedence – he was a Ukrainian citizen. Police arrived, all participants of the event were sober, and papers – including so-called. Green Card – were shown by the perpetrator.
“My car is broken and my insurer says: no way”
Although no 1 suffered physical injuries, the victim's vehicle was severely damaged. The perpetrator of the collision showed a Green Card document, or global confirmation of having OC insurance.
The situation took a dramatic turn only after the harm was reported to the insurer. The victim received refusal to pay compensationBecause Green Card, as it turned out, was invalid or invisible in the global system.
It is not known whether the paper was falsified or simply expired – but the effect is that the driver, who did not blame, remained without compensation From the victim's OC policy.
What does the law say? Liability for damages without OC policy
According to Article 34(1) of the Act on compulsory insurance, each holder of a vehicle registered outside the Republic of Poland is obliged to have valid OC insurance. If the vehicle participates in traffic without specified insurance, civilian liability shall be borne by:
- directly to the perpetrator,
- and in case of insolvency – Insurance warrant Fund (UFG), under Article 110 of the Act.
Problem? The injured must prove that the policy was invalid or falsewhich can be highly hard without legal support.
AC does not full defend – contributions will go up
In this case, the victim had purchased autocasco (AC) insurance, which allowed him to destruct the damage. However, even this did not prevent him from consequences—because the event would be classified as a harm to another participant, his contributions will increaseEven though he was the victim, not the perpetrator.
This phenomenon is referred to as "secondary punishment" and is 1 of the top absurdities of the motor insurance system.
Why paper everything – advice for drivers
This communicative should be alarm for each driver. Conflicts with citizens of another countries – especially in times of increased migration movement from Ukraine – require special care and care.
In the event of a collision with a foreigner, it is not adequate that:
- The police are going to get the data,
- The perpetrator will show the Green Card,
- the parties will become convinced that ‘everything is done’.
The injured should necessarily:
- ask officers to Green Card verification in Bureaux system (BIRO),
- Make certain that written down full individual and address data of the perpetrator,
- Do it yourself photographs of documents, registration plates and collision sites,
- see if vehicle does not have individual, different registration plateswhich may impede recognition in the future.
Judicial practice and caselaw
In akin cases, national and global courts consistently stress that the victim has the right to full compensation, but the burden of proof He's pregnant.
In its judgement of 20 September 2001 in Case C-348/98 (Ferreira), the EU Court of Justice ruled that the Green Card strategy is intended to defend victims of traffic accidents, but that associate States may require the validity of papers to be checked by the applicable services.
Political negligence: Who is liable for the threat on Polish roads?
Unfortunately, cases like this are not isolated. The preservation of parts of Ukrainian citizens, posing a threat to the safety of Poles and the legal order, is mostly the effect of the policy of the Law and Justice and the current coalition. In February 2022 under the pretext of helping “war refugees”, without appropriate control and verification, thousands of people were admitted to Poland, including those with dubious reputation.
Both the erstwhile Government of the United Right and Donald Tusk's current cabinet, have underestimated the problem, treating him as irrelevant or trying to quiet him down. alternatively of effective solutions, specified as tightening border controls or consistent expulsion of perpetrators, we are dealing with silence and fake actions.
Meanwhile, Poles must bear the consequences of these negligencees. Do we truly gotta wait for further tragedies to get the authorities to take citizens' safety seriously?
In case of doubt, it is worth consulting a lawyer to avoid unnecessary disputes.The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.
You have questions or request aid – welcome to contactOh, my God!
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Continued here:
A collision with the Ukrainian? Watch out for the fake Green Cards!
