6 December 2010

The Polish Insurance Association presented the Finance Minister with the proposal to change the regulations concerning the regress of the State Treasury for the damage done to the police officers.

The Committee of the Transport Insurance of the Polish Insurance Association prepared, together with the Insurance Ombudsman, the proposal to change the regulations concerning the possibility to demand, by the State Treasury, the return of the paid compensation for the damage done to the police officers.

In the eyes of law, it is doubtful whether the State Treasury which paid the compensation to a police officer, can demand from the remaining entities which are obliged in solidum to return the compensation and especially whether the State Treasury can demand the return of the compensation from the insurer of the perpetrator of the accident. For that reason, a proposal with appropriate amendments in the regulations was prepared.

The draft assumes that the State Treasury is not entitled, on account of the payment of the compensation, to make claims against a third person responsible for the damage to return the paid benefits, because these benefits serve mostly as a social security which the State Treasury is obliged to pay under the Act.

The exception to this rule is the situation where the perpetrator of the accident did damage intentionally or while being under the influence of alcohol (or other intoxicants, psychotropic drugs or substitutes within the meaning of the regulations of the counteracting of drug addiction) or fled the scene of the accident. The foregoing circumstances deserve to be socially disapproved of and their perpetrators should suffer the consequences of their actions.

The draft was conveyed to the Finance Ministry to be taken into account during the work of the Work Group for the Examination of the Regulations of Insurance of the Council for the Development of the Financial Market.