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Injured in a car accident is not a consumer

Issued on 9 September 2015 decision of the Supreme Court (III SZP 2/15) regarding the consumer status – precisely the lack of it – of persons injured in car accidents, can have wide influence on protection of these participants of the market against unfair practices of insurance companies.

Persons who pursue claims arising from insurance agreements concluded by perpetrators of the car accidents will be no longer protected against unfair practices of stronger participants of market – insurers, President of the Competition and Consumer Protection will not be responsible for having regard their safety by conducting the proceedings regarding practices infringing collective consumer interests.

In its decision the Supreme Court ruled that the injured who is a natural person not conducting a economic activity and is pursuing claims from insurer within compensation guarantee arising from third party – a car owner - liability insurance, cannot be acknowledged as a consumer within the meaning of regulation of article 24 in connection with article 4 point 12 of act on competition and consumer protection from 17 February 2007 in connection with article 221 of Civil Code.

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