Compensation for the Death of a Close Person in a Road Traffic Accident
The death of a loved one in a road traffic accident is a tragedy that brings not only an irreplaceable loss but also serious financial consequences for the family. Polish law provides several distinct grounds for claims that may be available to the closest family members. It is worth knowing them – because insurers do not always disclose them.
Who Can Bring a Claim
Those entitled to bring claims are the “nearest family members” of the deceased. Polish courts interpret this concept broadly. Those unquestionably entitled include: a spouse or life partner in a factual relationship, children (both minor and adult), parents and siblings. In certain circumstances, more distant relatives or others may also be entitled where they had a particularly close bond with the deceased.
Entitlement is determined not solely by the degree of kinship but by the actual closeness of the relationship. The court assesses this individually – shared residence, frequency of contact, mutual emotional and financial interdependence.
Four Grounds for Claims – Article 446 of the Civil Code
§ 1 – Reimbursement of Medical and Funeral Costs
A person who incurred the costs of treating the injured party before death and the costs of the funeral may claim reimbursement from the person liable. This covers: hospitalisation and treatment costs following the accident, funeral and burial costs, the cost of a headstone and ceremony within reasonable bounds, and mourning costs as locally accepted.
§ 2 – An Annuity
A person towards whom the deceased owed a statutory maintenance obligation (a child, a spouse in certain circumstances) may claim an annuity calculated according to the injured party’s needs and the deceased’s earning and financial capacity. The annuity is payable for the probable duration of the maintenance obligation.
An annuity may also be claimed by other close persons to whom the deceased voluntarily and regularly provided means of subsistence, where the principles of community life support its award – for example parents who were supported by an adult child.
§ 3 – Compensation for Deterioration in Life Circumstances
The court may award the nearest family members appropriate compensation where the death caused a significant deterioration in their life circumstances. This concerns the measurable, financial dimension of the loss – loss of a source of income, loss of assistance with running the household, loss of life prospects.
Compensation under § 3 is complementary to the annuity and is awarded where the deterioration is lasting and significant but difficult to express as a continuing annuity.
§ 4 – Non-Material Damages for Harm Suffered
This is the most significant ground for claims in practice. The court may award the nearest family members an appropriate sum as non-material damages for harm suffered – pain, suffering, a sense of loneliness and the severing of family bonds.
Awards under Polish case law vary considerably and depend on many factors: the closeness of the relationship, the age of the claimant and the deceased, how long the bond had lasted, the impact of the loss on the claimant’s daily life and the lasting psychological consequences. Amounts awarded by courts range from several tens of thousands to several hundreds of thousands of zlotys for each claimant. A spouse or child may receive non-material damages of PLN 100,000–300,000 or more where the bond was close and the psychological consequences are serious.
Article 448 in Conjunction with Article 24 of the Civil Code
Where the accident occurred before 3 August 2008 – before Article 446 § 4 was introduced – the nearest family members may base their claim for non-material damages on Article 448 in conjunction with Article 24 of the Civil Code, on the grounds of infringement of a personal interest (family bonds). The Supreme Court has confirmed this line of authority in a series of judgments. The twenty-year limitation period under Article 442¹ § 2 applies where the accident constituted a criminal offence.
Who Pays the Compensation
The at-fault driver’s third-party liability insurer – this is the primary party liable. Claims are submitted directly to the insurer of the driver who caused the accident.
The Motor Insurance Guarantee Fund (UFG) – where the driver had no valid third-party liability policy or fled the scene and was not identified. Claims against the UFG are possible for personal injury losses.
The driver directly – where they are uninsured or the compensation exceeds the sum insured under the third-party liability policy.
Limitation Periods
Article 442¹ of the Civil Code provides for particularly long limitation periods for losses arising from criminal offences. Where the accident constituted a criminal offence – which is the case in most serious road traffic accidents – claims become time-barred twenty years from the date of the offence, regardless of when the injured party became aware of the loss. In other cases – three years from the date on which the injured party became aware of the loss and the person liable, subject to a maximum of ten years from the incident.
For claims for personal injury, the limitation period cannot expire before three years have elapsed from the date on which the injured party became aware of the loss. For claims by minors for personal injury, the period cannot expire before two years from the date they reach majority.
How to Proceed in Practice
Reporting the claim. As soon as possible after the accident – or as soon as circumstances allow – report the claim to the at-fault driver’s insurer. The sooner this is done, the sooner the claims handling process begins.
Documentation. Gather documentation confirming costs incurred (funeral and medical invoices), documents confirming the closeness and nature of the relationship with the deceased (photographs, correspondence, witness statements), evidence of the financial situation and how it changed after the death, and psychiatric or psychological records concerning the consequences of the loss.
Independent assessment of the loss. Insurers frequently offer undervalued non-material damages. Analysis of comparable court judgments and advice from a lawyer allow an assessment of whether the amount offered meets judicial standards.
Settlement or proceedings. A settlement with the insurer is faster but may close the door to further claims. It is worth consulting a lawyer before signing any settlement agreement.
Contact Us
Claims for compensation following the death of a close person in a road traffic accident require careful preparation and familiarity with case law. It is worth consulting a lawyer before submitting claims to the insurer.
It pays to be properly prepared: both in knowing what you can claim and in having a clear strategy.
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.
