Gloss to the Judgment of the Court of Justice of the European Union of 15 November 2018 (C 648/17) concerning covering the damage caused by the passenger with the motor liability insurance in respect of the use of motor vehicles

Abstract

The gloss refers to the Judgment of the CJEU, which stated that the concept of 'use of vehicles’ covers the situation when the passenger of a vehicle parked in a car park, while opening the door of that vehicle, scraped against and damaged the vehicle parked next to it. This means that the motor liability insurance covers such damages, irrespective of the legal regulations contained in the laws of the EU Member States, which impose an insurance obligation and define its scope. The Judgment of the CJEU is contrary to the Polish law in force, which assumes that the motor liability insurance covers the responsibility of the owner of the vehicle and the driver of the vehicle, but not third parties (including the passenger). Although, according to the author, the extension of liability does not have an axiological justification, it is necessary to modify the interpretation of the Polish regulations defining the scope of insurance coverage and to introduce the amendment to the Act on Compulsory Insurance, the Insurance Guarantee Fund and the Polish Motor Insurers’ Bureau in the future.