New Tasks of the Insurance Guarantee Fund Imposed by the Act on the Special Rights of Injured Persons in the Event of Exhaustion of the Guarantee Sum

Abstract

The present article discusses the genesis and development of the law introducing a new special pension benefit for the victims after the guarantee amount has been exhausted in the insurance contracts against liability of the users of motor vehicles and liability of farmers, under which the victims have received their pension benefits so far. Moreover, the new tasks of the Insurance Guarantee Fund defined by this act have been presented. In addition, an in-depth analysis of the new regulation has been carried out, examining both the circle of persons entitled to apply for new benefits and the conditions to be met while making claims, as well as the rules for their consideration by the Insurance Guarantee Fund and the extent of the newly constituted special benefits to which the victims are entitled. The article also examines the correlations between the new law and the existing legislation regulating the principles, mode and form of claims settlement by insurers under motor or farmers’ liability contracts. The favourable trend has been taken into account of the Supreme Court's judicial decisions towards the victims, when considering claims made in connection with the depletion or complete exhaustion of the guarantee sum. Finally, the last part of the article is devoted to the conclusions resulting from the IGF's experience in handling claims for special benefits in cases submitted to the Fund by insurance undertakings in the first months since the adoption of a new regulation. The gained experience has led to several comments and proposals for insurers, being the main partners of victims while lodging claims with the Fund.