We are pleased - once again - to inform you that today the District Court in Krakow, IX Commercial Division, awarded the Insurance Company to the transport company I represented over PLN 160,000 with statutory interest and court costs in full.

✅ At the stage of liquidation of the damage, the insurer under the OCP policy refused to pay compensation for the theft of goods (clothes) in a truck parking lot in Italy, claiming that the driver started resting after 8 hours, so he still had almost 1 hour. looking for a guarded car park. Both the transport order and the OCP policy did not provide for such an obligation on the part of the driver. The court found that requiring a tired driver driving a large vehicle with goods to look for a guarded car park when working time ends is a certain abuse.

❗❗ ATTENTION ❗❗

✅ I would like to point out that in this particular case the driver behaved correctly and stopped the vehicle on the highway, in a safe parking lot for trucks with a 24-hour gas station. Please remember, however, that none of the insurers operating on the market provides protection under the OCP policy when the theft of goods occurs on the so-called wild car park, bay, etc. The minimum, - depending on the OCP insurance contract - it must be the so-called MOP, i.e. an area separated in the right-of-way (in close proximity to the road), equipped with a parking lot and infrastructure ensuring comfort and rest for travelers.

Legal adviser Jerzy Klimkowski