Burden of proof in proceedings for compensation for damage caused by the movement of a motor vehicle

Abstract

The study discusses the institution of the burden of proof in civil proceedings. The characteristics of this institution constituted an introduction to general considerations regarding the proceedings for compensation for damage caused by the movement of a motor vehicle under compulsory third-party liability insurance, in particular when it was preceded by a pre-trial proceeding concerning the determination of the facts of the event, the legitimacy of the reported claims, and the amount of benefits provided by the insurance company. The analysis made it possible to formulate the rules for the distribution of the burden of proof in the trial depending on whether the insurer awarded a specific benefit under the winding-up proceedings.