Damages caused by trailers or towed vehicles.

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In the case of a trailer causing damage a question arises if the claim should be submitted with regard to the third party insurance of the trailer or to the third party insurance of the tractor vehicle. The importance of this question grows when the trailer and the tractor have different owners or are insured with different insurers. The principles laid down below additionally concern damages caused by a towed vehicle. 

The regulations described refer solely to the occurrences which happen on the Polish territory. In other countries other legal regulations are binding, so it is necessary to take into account the legal acts of the country of the occurrence. 

Compensation under third party insurance policy of the tractor vehicle:

In the case of damage caused by a trailer the compensation is due from the third party insurance policy of the tractor vehicle (and not the trailer) in the case when the both vehicles were in motion and the trailer at the moment of the incident:

• was connected with the tractor vehicle,
• got disconnected from the tractor vehicle and was still rolling.

In such cases it is assumed that the damage results in the so called movement of a vehicle set, so the compensation shall be paid from the third party insurance policy of the tractor vehicle. 

Examples

• The driver of the tractor vehicle with a trailer was maneuvering on a car park and while driving backwards damaged a car parked there. In this case the compensation shall be paid from the third party insurance policy of the tractor vehicle because the both vehicles were connected and in motion when the damage occurred.
• While driving, the trailer suddenly detached itself from the tractor vehicle and its momentum made it hit a building. In this case the compensation shall be paid from the third party insurance policy of the tractor vehicle because in the moment in which the damage occurred the trailer was in motion, even if the vehicles were disconnected.
• While towing the tow rope broke and the towed vehicle damaged a bus standing off-road. In this case the compensation shall be paid from the third party insurance policy of the tractor vehicle because in the moment in which the damage occurred the towed vehicle was in motion, even if the vehicles were disconnected.

Compensation under third party insurance policy of the trailer:

In the case of damage caused by a trailer the compensation is due from the third party insurance policy of the trailer (and not tractor vehicle) in the case when the trailer at the moment of the incident:

• was not connected with the tractor vehicle or
• got disconnected from the tractor vehicle but had already stopped rolling.

Examples

• A door fell off from a trailer parking off-road and damaged a vehicle parked nearby. At the moment of the damage the trailer was connected with its tractor vehicle. In this case the compensation shall be paid from the third party insurance of the trailer because at the moment when the damage occurred the trailer was not in motion.
• While driving, the trailer suddenly detached itself from the tractor vehicle, stopped and caught fire. The fire from the burning trailer spread on some buildings close by. In this case the compensation shall be paid from the third party insurance of the trailer because at the moment when the damage occurred the trailer was disconnected and not in motion.

Legal basis

Article 37 act from 22.05.2003 about compulsory insurance, Insurance Guarantee Fund and Polish Motor Insurers' Bureau.