Liability of Perpetrators of Road Accidents and their Insurers for Damages Related to the Post-Accident Clean-Up. Remarks on the Supreme Court's Resolution of 20 January 2022, III CZP 9/22

The article addresses the issue of the liability of the motor vehicle owner (the perpetrator of a road accident) and the third-party motor liability insurer for damages related to the costs of post-accident road cleaning. It is a polemic with the concept of a broad understanding of the scope of liability of the perpetrator and the insurer, presented by the Supreme Court and some legal doctrine, because it contradicts, among others, the statutory catalogue of obligations imposed on (particularly public) road administrators. Moreover, arguments have been advanced for a different interpretation of the terms "property damage" and "destruction" as well as the unjustified enrichment of the road administrator seeking cost refund from the perpetrator or the third-party liability insurer.