First of all, the insurer is not liable for property damage caused to the farmer and persons staying with the farmer in a common household or working on his farm.
In addition, the insurer is not liable, inter alia, for the following damages:
- caused by the transmission of infectious diseases, not of animal origin,
- in property, caused by a defect in the goods delivered by the insured person or the provision of services,
- resulting from damage, destruction, loss, or loss of items borrowed or accepted by a person covered by the farmers’ civil liability insurance for use, storage, or repair,
- consisting in pollution or contamination of the environment,
- resulting from financial penalties, court, and administrative fines, as well as penalties or fines related to receivables from the state budget.
It should be emphasized that in the event of damage caused intentionally, under the influence of alcohol, intoxicants, or psychotropic substances, the insurance company has recourse against the perpetrator of the accident. Therefore, it may demand the reimbursement of benefits paid under the farmer’s civil liability insurance.
An accident on a farm – what claims are the victim entitled to?
When an accident occurs on a farm, in accordance with the general regulation provided for in the Civil Code, the directly injured person has the right to claim the following benefits from the farmer’s insurer:
- compensation for the harm suffered,
- reimbursement of costs related to the accident (treatment, rehabilitation, additional care, travel, adaptation of the place of residence, preparation for a new profession),
- supplementary pension,
- annuity capitalization,
- a pension for increased needs,
- return of lost earnings.
What claims are available to the relatives of the victim in the event of his death as a result of an accident on a farm?
Pursuant to the provisions of the Civil Code, in the event of the death of the injured person, the closest persons will be entitled to the following claims against the farmer’s insurance:
- compensation for a significant deterioration in the life situation of relatives,
- reimbursement of the costs of treatment and funeral of the victim, which have been incurred by relatives,
- maintenance pension,
- compensation for the harm suffered.
Farmers’ civil liability insurance, often treated as an unpleasant obligation related to owning a farm, in fact, protects its owners against liability arising from various random accidents. Many people are unaware that they could often receive compensation for an accident on a farm.
Farmers, like even car owners, have a legal obligation to conclude a civil liability insurance contract for their farm. The legislator imposed such an obligation, recognizing that carrying it out is associated with a high risk. In many cases, especially in a situation of large damage, the aggrieved party could not obtain full compensation from the farmer. Having insurance means that the aggrieved party may claim compensation directly from the insurance company.
It is said that the liability of the insurance company is accessory, which means that it only exists when the farmer himself is responsible for the damage. The conditions of liability are the culpable and unlawful act of the perpetrator, damage, and a causal link between the damage and the act.
An unlawful act is one that is against the law or principles of social coexistence. The culpable act may consist of both the act and the omission of the perpetrator. In this respect, the insurance in question protects not only farmers but also people who stay with them in the same household and those who work there.
