Commissioner for Human Rights

Why do I have to pay the civil liability insurance if I do not drive my car at all?

Data:

Pursuant to Article 4(1) of the Act of 22 May 2003 on compulsory insurance, the Insurance Guarantee Fund and Polish Motor Insurers’ Bureau (Dz. U. No 124, item 1152, as amended,), civil liability insurance for owners of motor vehicles for coverage of damages resulting from use of these vehicles is compulsory. Article 23(1) of the aforementioned Act stipulates that the owner of a motor vehicle shall be obliged to conclude a compulsory civil liability insurance contract for owners of motor vehicles with reference to  the use of motor vehicle owned by them. A person who did not fulfil the obligation to conclude a compulsory insurance contract (and therefore the civil liability insurance for owners of motor vehicles) in accordance with the terms of this insurance specified in the Act, is obliged to pay a fee the amount of which applicable each calendar year, constitutes in civil liability insurance for owners of motor vehicles the equivalent in PLN of 500 EUR (in the case of passenger cars Article 88(1)(2)(1) of the Act of 22 May 2003 on compulsory insurance, the Insurance Guarantee Fund and Polish Motor Insurers’ Bureau apply.) In the case of vehicle owners who did not fulfil the obligation to conclude a compulsory civil liability insurance contract for owners of motor vehicle, in accordance with the terms of this insurance, the fee depends on the  period during which the car owner remained without insurance coverage in each calendar year and amounts to:

1) 20% of the fee in the amount specified in (2)(1) – if this period does not exceed 3 days;

2) 50% of the fee in the amount specified in (2)(1) – if this period does not exceed 14 days;

3) 100% of the fee in the amount specified in (2)(1) – if this period does not exceed 14 days (see: Article 88(3)(1-3) of the aforementioned Act.)

Civil liability insurance for owners of motor vehicles for coverage of damages resulting from use of these vehicles is connected with possessing and not using a vehicle. The owner of the vehicle decides whether to introduce the vehicle to traffic on a public road, and no one can guarantee that the vehicle, which is in their possession, will not be used.