You caused a collision, the insurer paid the injured party’s compensation, the matter seemed closed. Then a few months later a letter arrives demanding repayment of the full amount. Insurance recourse is one of the biggest financial shocks a driver can face. It is worth understanding when and why an insurer has the right to pursue it.
What Insurance Recourse Is
The basic principle is that a third-party liability policy protects the driver from personal financial liability towards those injured. The insurer pays the compensation – and that is where the driver’s involvement ends.
Recourse is an exception to this principle. Under Article 43 of the Act of 22 May 2003 on Compulsory Insurance, the Insurance Guarantee Fund and the Polish Motor Insurers’ Bureau, an insurer that has paid out compensation may in certain circumstances turn to the driver and demand repayment. The list of those circumstances is exhaustive – recourse is only available where one of the expressly listed grounds is present.
When the Insurer Can Demand Repayment
Intentional damage. Recourse is available where the driver wanted to cause the damage or accepted the likelihood of it occurring. Deliberately breaking a road traffic rule is not enough on its own – the intent must relate to the damage itself. This distinction is critical in practice and is one of the most frequently successful grounds for challenging a recourse claim.
Drink or drug driving. Recourse is available both where the driver was in a state following the use of alcohol (from 0.2 per mille) and where they were in a state of intoxication (above 0.5 per mille). It also covers driving under the influence of narcotics. This is the most common basis for recourse claims in practice.
Obtaining the vehicle through a criminal offence. Where the driver was operating a stolen vehicle or one obtained through another criminal act, the insurer has the right to claim repayment.
No entitlement to drive. Recourse is available where the driver had no driving licence at all, was driving a category of vehicle for which they held no entitlement, or was subject to a driving disqualification. Whether a formally expired licence – for example through failure to renew the document – gives rise to recourse depends on the assessment of the specific situation.
Fleeing the scene. Where the driver left the scene of the collision in order to avoid responsibility, the insurer has the right to recourse. The word “fleeing” is key here – simply moving away from the scene without any intent to avoid responsibility may not satisfy this ground.
The Limitation Period
An insurer’s recourse claim becomes time-barred three years from the date on which compensation was paid to the injured party. Where the insurer brings a claim after that deadline, a limitation defence can be raised effectively – leading to the claim being dismissed.
The period runs from the date of each individual payment – where the insurer paid compensation in instalments, the limitation period for each instalment runs separately.
The Consequences of Ignoring a Demand
Failing to respond to the insurer’s letters does not make the claim go away. Where the matter goes to court and the driver loses, the total liability will include the compensation amount ordered, statutory interest for late payment accruing from the date the claim fell due, court costs and the insurer’s legal representation costs.
The longer the response is delayed, the higher the total sum becomes.
Can the Driver Defend Themselves?
Yes – and effectively. The exhaustive list of grounds in Article 43 means the insurer can only claim repayment where one of those grounds actually exists. The burden of establishing it lies with the insurer, not the driver.
In practice, effective lines of defence include challenging whether the recourse ground is actually made out (for example, demonstrating that the driver did not flee the scene), challenging the causal link between the driver’s conduct and the damage, raising the contributory negligence of the injured party (which can proportionally reduce the recourse amount), asserting a limitation defence, and negotiating a settlement aimed at reducing the amount or spreading payments over instalments.
Contact Us
An insurance recourse claim is a serious financial matter that requires a prompt and considered response. Do not ignore correspondence from the insurer – the sooner a lawyer assesses the case, the more options remain available.
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.
