Filing a Compensation Claim – When to Go to Court and How to Prepare
Insurers rarely pay what the injured party is actually owed. When a refusal, an undervalued assessment or the rejection of part of a claim exhausts the options for an out-of-court resolution, court proceedings are often the only effective remedy. Filing a claim does not necessarily mean years of waiting – in many cases, the mere fact of a professionally prepared court filing prompts the insurer to offer a settlement on significantly better terms than before.
Contents
- When a compensation claim becomes necessary
- Compensation for a damaged vehicle – partial and total loss
- Compensation under comprehensive insurance
- Compensation for pain and suffering and other personal injury claims
- Claims under property insurance policies
- How court proceedings in a compensation case work
- The role of a lawyer in compensation proceedings
- Practical examples from our caseload
- FAQ
When a Compensation Claim Becomes Necessary
Before a case reaches court, the injured party should have reported the claim to the insurer and gone through the claims handling process. This is an essential preliminary step – without prior notification of the loss and receipt of the insurer’s decision, it is difficult to argue effectively in court that the out-of-court route has been exhausted.
Court proceedings become justified when the insurer has refused to pay in full, has awarded compensation at a level plainly below the actual loss, has rejected part of the claim – for example refusing to reimburse replacement vehicle costs, private rehabilitation or repair costs exceeding its own estimate – or when the settlement offer does not cover the losses actually incurred.
The limitation period for tort claims is governed by Article 442¹ of the Civil Code. In the case of road accident damage where the incident constituted a criminal offence, the claim becomes time-barred after twenty years from the date the offence was committed, regardless of when the injured party became aware of the loss. In other cases, a three-year period applies, running from the date the injured party became aware of the loss and of the person liable, subject to a maximum of ten years from the incident. Delay in taking action may result in the loss of the right to bring a claim.
Compensation for a Damaged Vehicle – Partial and Total Loss
Partial loss. Where the vehicle is repairable, the injured party may claim reimbursement of the costs of restoring it to its pre-accident condition. Insurers frequently undervalue these costs – by applying labour rates that do not reflect market prices, imposing the use of non-original or second-hand parts, and sometimes refusing to reimburse towing and storage costs.
A claim for additional compensation in a partial loss case may cover the difference between the insurer’s valuation and the actual repair costs, the cost of hiring a replacement vehicle during the repair period, and compensation for the diminution in the vehicle’s market value. This last claim is available under Article 361 of the Civil Code – courts are increasingly awarding it, though insurers routinely reject it.
Total loss. A total loss arises when the cost of repairing the vehicle exceeds its pre-accident market value. Compensation is then calculated as the difference between the vehicle’s value at the time of the incident and the value of the salvage. Disputes most commonly concern precisely these two figures: insurers undervalue the pre-accident market value of the car and overvalue the salvage, directly reducing the amount payable. Cases of this kind very frequently require expert evidence from an automotive valuation specialist.
Compensation Under Comprehensive Insurance
A comprehensive insurance policy is a contract between the insured and the insurer, the terms of which are set by the General Terms and Conditions. Disputes in this area have a somewhat different character from disputes under third-party liability insurance – the insurer may rely on exclusions and limitations of liability provided for in the General Terms and Conditions, and their interpretation is frequently the subject of significant disagreement.
A claim in a comprehensive insurance case may involve challenging a refusal to pay, seeking additional compensation above an undervalued payout, contesting depreciation applied to parts, or recovering additional costs such as towing or vehicle storage. The key to an effective claim is an analysis of the General Terms and Conditions and an assessment of whether the insurer has correctly applied the contractual terms – and practice shows that it frequently has not.
Compensation for Pain and Suffering and Other Personal Injury Claims
Compensation for pain and suffering. Compensation under Article 445 of the Civil Code is a monetary award for physical and psychological suffering – pain, difficulty in daily functioning, the need for prolonged treatment or rehabilitation, and the impact of the injury on personal and professional relationships. Its amount is determined individually by the court, taking into account the extent of the injuries, the duration of treatment and any long-term or permanent health consequences. There are no statutory brackets or tables – every case requires individual assessment.
Insurers at the claims handling stage frequently offer sums that do not reflect the true extent of the harm suffered. In court proceedings, the judge independently assesses the evidence – medical records, the testimony of the injured party and witnesses, and frequently the opinion of a medical or psychological expert.
Reimbursement of treatment and rehabilitation costs. Article 444 § 1 of the Civil Code provides that compensation for bodily injury or health impairment covers all resulting costs. The injured party may claim reimbursement of the costs of medical appointments, diagnostic tests, surgery, medication, rehabilitation equipment, travel to and from treatment, and the cost of care provided by third parties. The key is demonstrating the causal link between the incident and each individual expense – for which comprehensive and careful documentation is essential.
Lost earnings and a periodic allowance. If the injured party was unable to work or earned less as a result of the injury, they are entitled to compensation for lost earnings for the past period. Where incapacity to work or increased needs are permanent in nature, Article 444 § 2 of the Civil Code provides for a periodic allowance – either supplementary (compensating for a permanent reduction in earning capacity) or to cover increased needs (covering ongoing treatment, rehabilitation, care or specialist dietary costs). Determining the level of a periodic allowance frequently requires expert evidence from specialists in medicine, rehabilitation and assessment of capacity to work.
Claims Under Property Insurance Policies
Property insurance. Policies insuring properties against fire, flooding, storm damage and other events are widely held – but insurer decisions are sometimes far from satisfactory. A claim may address a refusal to pay, an undervalued payout that does not cover the actual cost of repair or reconstruction, or an incorrect classification of the event as falling within a policy exclusion.
Contents and household goods insurance. Disputes here most commonly concern damage arising from flooding, theft or fire. Insurers often undervalue damaged or destroyed property, or dispute the need to replace items with new ones, offering instead an amount corresponding to the value of second-hand goods. A court claim can effectively challenge such a position, provided the claim is properly documented and argued.
Liability and specialist insurance. Cases involving business liability, professional indemnity, electronic equipment or machinery insurance require detailed analysis of the scope of cover and the policy terms. A refusal to pay or an undervalued payout under such policies can have serious consequences for a business, making a swift response and professionally prepared claim particularly important.
How Court Proceedings in a Compensation Case Work
Claims for compensation under a third-party liability policy are heard by the court having jurisdiction over the place of residence of the injured party, the registered office of the insurer or the place of the incident (Articles 35 and 371 of the Code of Civil Procedure). Which level of court has jurisdiction depends on the value of the claim: up to PLN 100,000, cases are heard by district courts; above that amount, by regional courts.
Proceedings begin with the filing of a claim that meets the formal and substantive requirements: a precisely formulated claim, a statement of the factual and legal grounds, and identification of the evidence. The court serves the claim on the defendant, schedules hearing dates and – in cases requiring specialist knowledge – appoints experts. An expert opinion (from an automotive expert, doctor or rehabilitation specialist) is one of the key pieces of evidence in compensation cases and can determine the outcome.
During proceedings, a court settlement remains possible. The filing of a professionally prepared claim is frequently the catalyst for negotiations that were previously impossible or produced unacceptable proposals.
The Role of a Lawyer in Compensation Proceedings
A compensation case at the court stage requires knowledge of civil procedure, the ability to draft procedural documents, to respond to the opposing party’s arguments and to conduct evidence effectively. The insurer always has professional representation – an injured party without a lawyer is at a significant procedural disadvantage.
The lawyer’s role begins earlier, however: before filing a claim, a legal analysis of the case is necessary, along with an assessment of the merits and scope of the claims, and above all the proper gathering and preservation of evidence. Gaps in documentation can result in claims being dismissed even where the injured party would objectively be entitled to a higher award.
Practical Examples from Our Caseload
A client received compensation of PLN 11,500 from the insurer for a vehicle damaged in a collision on a main road. The insurer had applied below-market labour rates and imposed the use of non-original parts, despite the vehicle being relatively new. After analysing the case, the firm filed a claim based on an estimate from an independent automotive expert. The court heard expert evidence confirming the basis for the additional amount sought. Judgment was given in full, awarding an additional PLN 14,800 together with costs.
A client sustained a pelvic fracture and spinal injury in a road accident. The insurer awarded PLN 15,000 in compensation for pain and suffering and refused to reimburse private rehabilitation costs, disputing their necessity given the availability of NHS treatment. The claim sought an increase in the pain and suffering award, reimbursement of rehabilitation costs and compensation for lost earnings. After hearing expert medical evidence confirming the extent and permanence of the health consequences, the court awarded compensation for pain and suffering of PLN 85,000 and reimbursement of rehabilitation costs of PLN 12,500.
A homeowner received PLN 18,000 from the insurer for flood damage. The actual repair costs, confirmed by the contractor, were PLN 41,000. The insurer disputed part of the work as not directly connected to the damage. After a claim was filed and expert evidence from a construction specialist was heard, the court awarded an additional PLN 23,000.
FAQ
Does accepting compensation from the insurer deprive me of the right to bring a claim? Generally no. Simply receiving a payment does not amount to a waiver of further claims. The exception is where the injured party has signed a waiver of claims or concluded a settlement with the insurer – in that case, pursuing further amounts becomes significantly more difficult or impossible. Before signing any documents sent by the insurer, it is worth having their content reviewed by a lawyer.
How long do I have to file a claim after a road accident? It depends on the circumstances. Where the accident constituted a criminal offence, the limitation period is twenty years from the date the offence was committed. In other cases – three years from the date the injured party became aware of the loss and of the person liable. The period does not run from the conclusion of treatment but from the moment the injured party could have become aware of the loss – which is why the sooner the matter is analysed, the better.
Are court costs high? The court filing fee in property claims is generally 5% of the value of the claim (Article 13 of the Act on court costs in civil cases). The winning party may seek reimbursement of costs from the other side, including legal representation fees. The terms of the lawyer’s fee are discussed individually when the case is taken on.
What if the driver responsible fled the scene or had no insurance? In both cases, compensation is paid by the Insurance Guarantee Fund (UFG), which is responsible for damage caused by unidentified drivers and by uninsured vehicles. The procedure differs from a standard claim against an insurer, but the injured party is generally entitled to the same range of claims – vehicle damage compensation, pain and suffering awards and other personal injury benefits.
Is it worth going to court if the difference between the insurer’s offer and my claim is small? It depends on the specific amount and the circumstances of the case. The costs of proceedings, the duration of the process and the uncertainty of the outcome are factors that always need to be weighed up. At the same time, it is worth remembering that in many cases the mere filing of a claim prompts the insurer to offer a settlement – often on terms close to what the claimant sought, without the need to wait for a judgment.
Contact Us
A court compensation claim – whether following a road accident or under a property policy – requires careful preparation both in terms of evidence and procedure.
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.