Accidents and damage on public roads – especially those belonging to municipalities, counties, or voivodeships – are not uncommon. Unfortunately, in practice, injured parties often encounter difficulties at the very first stage of pursuing claims – when trying to determine who is responsible for the damage and who insures a given local government unit. Sometimes, the municipality or road authority refuses to provide information about the third-party liability insurance policy number or the name of the insurer, thus hindering victims' effective compensation claims.
Meanwhile, the judgment of the Provincial Administrative Court in Kielce of December 18, 2024 (reference number II SAB/Ke 115/24) clearly confirms that the Director of the District Roads Authority – like other local government bodies – is an entity obligated to provide public information, including data regarding third-party liability insurance policies. This means that the injured party has the right to submit a formal request for access to public information, and in the event of a prolonged lack of response – to file a complaint with the administrative court.
The court recalled that, pursuant to Article 4, Section 1 of the Act on Access to Public Information (UDIP), municipalities, counties, and their organizational units are obligated to disclose information about their activities if they perform public tasks and manage public property. Under Article 1, Section 1, and Article 6, Section 1, Item 5, Letter c) of the UDIP, public information includes, among other things, data documenting the management of public property—including third-party liability insurance contracts, policies, and insurer details. This means that a citizen who has suffered an injury, for example, as a result of slipping on an unshoveled sidewalk, falling into a pothole, or damaging a vehicle, has the right to demand that the municipality or road authority disclose their third-party liability insurance policy details—without having to file a lawsuit.
The significance of the judgment for pursuing compensation claims
In practice, injured parties often encounter situations where the municipality or road authority refuses to provide their third-party liability insurance policy number or the name of the insurer, citing reasons such as data protection or the lack of obligation to disclose such information.
The ruling of the Regional Administrative Court in Kielce clearly indicates that such a position is unlawful. Information about who insures a local government unit is public information and should be provided upon request within 14 days.
This allows the injured party to report the loss directly to the appropriate insurer, avoiding the length of administrative proceedings, and initiate the claims settlement process more quickly. Failure to provide this information within the time limit constitutes inaction on the part of the authority, which may be appealed to the administrative court.
Transparency and accountability of public entities
This ruling confirms the established principle that transparency in the activities of public bodies is not only an ethical issue but also a practical tool for protecting citizens' rights. Since local government units insure themselves with public funds, citizens have the right to know where these funds are going and who is responsible for damages resulting from improper infrastructure maintenance. In this way, the right to access public information becomes a component of the legal protection system for injured parties, paving the way for effective claims for compensation.
The judgment of the Regional Administrative Court in Kielce of December 18, 2024 (II SAB/Ke 115/24) has significant implications for the practice of pursuing compensation for damages related to road infrastructure. For those seeking compensation, this provides a simple but important guide: before filing a lawsuit, begin with a public information request – this is often the quickest route to identifying the responsible entity and its insurer.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of November 5, 2025.
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