Most people injured in road accidents do not receive full compensation from the insurer. Not because the law does not allow it – but because insurers consistently undervalue payouts, counting on the fact that the injured party does not know their rights or will not want to fight for more. Experience from our practice shows that the difference between an insurer’s first offer and the amount actually owed can run to tens of thousands of zlotys.
Contents
- What third-party liability insurance is and how it differs from other cover
- What you are entitled to for a damaged vehicle
- Claims available to those injured in an accident
- How insurers undervalue compensation – what to watch out for
- A practical example from our caseload
- Limitation periods – do not delay
- When it is worth consulting a lawyer
What Third-Party Liability Insurance Is and How It Differs from Other Cover
Compulsory third-party liability insurance for motor vehicle owners is governed by the Act of 22 May 2003 on Compulsory Insurance, the Insurance Guarantee Fund and the Polish Motor Insurers’ Bureau. This is an important distinction from voluntary cover such as comprehensive insurance (AC) or personal accident cover – under third-party liability insurance, the insurer cannot unilaterally introduce exclusions or limitations that are not provided for by statute. The scope of cover is set by law, not by the General Terms and Conditions of Insurance.
In practice, this means that if you were injured in an accident caused by another driver, you can claim compensation directly from their insurer – and in the full amount of the loss actually suffered.
What You Are Entitled To for a Damaged Vehicle
The primary claim is reimbursement of the cost of repairing the vehicle to its pre-accident condition. The insurer should cover the full cost of restoring the vehicle to its previous technical and aesthetic condition – using original replacement parts and at the hourly labour rates applied by workshops in the local market. If the cost of repair exceeds the vehicle’s pre-accident value, the insurer may classify the damage as a total loss and pay the difference between the vehicle’s value before the accident and the value of the salvage.
In addition to repair costs, the injured party is also entitled to reimbursement of the cost of towing the vehicle from the scene of the accident, reimbursement of storage costs during the claims settlement process, and compensation for the diminution in the vehicle’s market value – the reduction in its resale value resulting from its involvement in a collision, even after a correctly carried out repair.
If the vehicle was necessary for your daily life, you are also entitled to reimbursement of the cost of hiring a replacement vehicle for the duration of the repair or – in the case of a total loss – for the time reasonably needed to purchase a new car. This right is confirmed by established Supreme Court case law, including the resolution of 17 November 2011 (III CZP 5/11).
Claims Available to Those Injured in an Accident
If you sustained bodily injuries in the accident, the range of available claims is considerably broader. Under Articles 444 and 445 of the Civil Code, you can claim compensation for pain and suffering – covering physical and psychological pain, the burden of prolonged treatment and its associated difficulties, and permanent health consequences affecting your professional and personal life. The amount of compensation for pain and suffering is assessed individually in each case. There is no fixed tariff, and amounts awarded by courts vary from several thousand zlotys for minor injuries to several hundred thousand zlotys for serious, lasting harm.
Separately from compensation for pain and suffering, the injured party is entitled to reimbursement of all documented treatment and rehabilitation costs – medication, medical appointments, procedures, orthopaedic equipment, travel to and from treatment – as well as lost earnings for the period of incapacity to work. This applies to both employees and self-employed individuals.
Where the injury has caused permanent or long-term impairment, a claim for a periodic allowance may also be pursued – either a supplementary allowance covering the difference between pre-accident earnings and current earning capacity, or an allowance covering increased needs such as ongoing treatment costs, care or a specialist diet.
How Insurers Undervalue Compensation – What to Watch Out For
Experience from our practice shows that insurers apply several recurring methods of reducing payouts. In vehicle damage cases, these include: reducing hourly labour rates to levels that do not reflect local market conditions; applying depreciation to replacement parts, despite the Supreme Court’s unambiguous rejection of this practice; imposing the use of non-original or second-hand parts instead of new originals; and undervaluing the vehicle in total loss cases.
In personal injury cases, insurers tend to minimise injuries that are not externally visible – particularly cervical spine injuries, which can cause prolonged symptoms. The initial compensation offer for pain and suffering is frequently several times lower than the amount obtainable through court proceedings.
A fundamental rule: do not sign any settlement agreement without first consulting a lawyer. Accepting compensation with a clause waiving further claims can permanently close the door to recovering a higher amount.
A Practical Example from Our Caseload
A client was involved in an accident when their vehicle was struck by another car at a junction. The at-fault driver’s insurer initially awarded PLN 11,500 in vehicle repair compensation, PLN 4,000 in compensation for a cervical spine injury, and reimbursement of replacement vehicle hire costs for seven days – despite the repair taking twenty-one days.
After analysing the documentation, the firm brought proceedings before the District Court in Poznań. The court awarded an additional PLN 18,300 in vehicle repair compensation, increased the total compensation for pain and suffering to PLN 18,000 (an increase of PLN 14,000 above the amount already paid), and ordered reimbursement of replacement vehicle hire costs for the full twenty-one days of the repair.
Limitation Periods – Do Not Delay
Claims arising from road traffic accidents become time-barred after three years from the date on which the injured party became aware of the damage and of the person liable to compensate it – under Article 819 § 3 of the Civil Code in conjunction with Article 442¹ of the Civil Code. In personal injury cases, the limitation period cannot expire before three years from the date on which the injured party became aware of the damage and of the person responsible. Where the incident amounts to a criminal offence, the limitation period is twenty years from the date the offence was committed, regardless of when the injured party became aware of the loss.
The expiry of the limitation period does not automatically extinguish the claim, but it gives the insurer an effective argument for refusing to pay. For this reason, it is not worth delaying a consultation.
When It Is Worth Consulting a Lawyer
Legal assistance makes the most difference when the insurer has undervalued repair costs or classified the damage as a total loss in a way that raises doubts, when the proposed compensation for injuries appears unreasonably low, when the dispute concerns the duration of replacement vehicle hire or the applicable rates, and when the case involves permanent impairment, loss of earnings or a periodic allowance claim.
Experience from our practice shows that even a formal demand letter signed by a lawyer prompts insurers to reconsider their position and put forward a more favourable proposal – without the need to go to court.
Contact Us
If the compensation paid by the insurer seems too low, or if you are unsure what claims you can pursue, it is worth seeking legal advice before taking any further steps.
We handle cases for drivers in Poznań and across the Wielkopolska region, with in-person and online consultations available for clients elsewhere in Poland.
Adwokat Marta Krzyżanowicz and Adwokat Michalina Koligot Law Firm “Adwokat dla Kierowców w Poznaniu”
ul. Adama Mickiewicza 18/3, 60-834 Poznań
tel. +48 795 001 536 · +48 531 335 713
kontakt@adwokatdlakierowcy.pl · www.adwokatdlakierowcy.pl
This text is for general information purposes only and does not constitute legal advice. Every case requires individual analysis.