Premises for an optimal model of managing the burden of financial losses stemming from damage to road infrastructure

Ewa Bagińska , Mateusz Kosmol

Abstract

The empirical analysis of the distribution of risk related to the repair or replacement of road safety devices in existing performance-based maintenance contracts and the analysis of claims adjustment procedures indicate a certain imbalance in risk distribution between the road administrator and the entrepreneurs who have concluded road maintenance contracts, in particular performance based contracts. Relevant legal rules allow for a different, fairer distribution of the risk of suffering repair costs in certain damage scenarios. Insurance policy with a wide coverage of both property and liability risks appears as an optimal way of managing risks of losses to road infrastructure. Both contracting parties have an interest in obtaining first party insurance in the discussed field, although in practice it can be economical only to the General Directorate for National Roads and Motorways (GDDKiA). The law provides parties who suffered loss with a direct action against a traffic liability insurer of the wrongdoer who caused the damage.
Author Ewa Bagińska (FLA / DCL)
Ewa Bagińska,,
- Department of Civil Law
, Mateusz Kosmol (FLA / DCL)
Mateusz Kosmol,,
- Department of Civil Law
Journal seriesMATEC Web of Conferences, ISSN , e-ISSN 2261-236X, (0 pkt)
Issue year2018
Vol231
Pages1-8
Publication size in sheets0.69
Conference12th International Road Safety Conference GAMBIT 2018 "Road Innovations for Safety - The National and Regional Perspective", 12-04-2018 - 13-04-2018, Gdańsk, Polska
Keywords in Englishperformance-based contract, road maintenance, civil liability for damage to road infrastructure, optimal road insurance program
DOIDOI:10.1051/matecconf/201823101001
URL https://doi.org/10.1051/matecconf/201823101001
Languageen angielski
LicenseJournal (articles only); published final; Uznanie Autorstwa (CC-BY); with publication
Score (nominal)5
ScoreMinisterial score = 0.0, 11-12-2018, ArticleFromJournal
Ministerial score (2013-2016) = 5.0, 11-12-2018, ArticleFromJournal - czasopismo zagraniczne spoza list
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