Partial Damage – How to Obtain Full Compensation for Vehicle Repair
Partial damage looks straightforward on paper: the insurer values the repair, pays out, the vehicle goes to the workshop. In practice, things rarely go that smoothly. Undervalued labour rates, non-original parts, overlooked damage – these are not exceptions but the rule. Experience from our practice shows that the insurer’s first offer is almost always undervalued, and the difference between that offer and the amount actually owed can be substantial.
Contents
- What partial damage is and how it is assessed
- Partial damage under third-party liability insurance – what you are entitled to
- Partial damage under comprehensive insurance – how it differs from third-party liability cover
- When it makes sense to claim under your own comprehensive cover
- How insurers undervalue partial damage payouts
- How to enforce your rights effectively
- Practical examples from our caseload
- Frequently asked questions
What Partial Damage Is and How It Is Assessed
Partial damage occurs when the cost of restoring the vehicle to its pre-accident condition is lower than its market value at the time of the incident. Put simply: repair is economically justified and the vehicle can be returned to its previous technical condition. Under third-party liability insurance, the threshold is 100% of the vehicle’s value – if the repair cost does not exceed that figure, the damage is partial. Under comprehensive insurance, the threshold is typically lower, usually 70–80% of the vehicle’s value – this is set not by statute but by the General Terms and Conditions of the individual insurer.
Partial Damage Under Third-Party Liability Insurance – What You Are Entitled To
When settling a partial damage claim under the at-fault driver’s third-party liability insurance, you are entitled to full reimbursement of repair costs – without deductions for parts depreciation, an excess or any other reductions the insurer applies unilaterally. The repair should be valued using original replacement parts and at the hourly labour rates applied by workshops in the local market, including authorised service centres. This is confirmed by numerous Supreme Court rulings, including the resolution of 13 June 2003 (III CZP 32/03), under which compensation for road accident damage under third-party liability cover encompasses the necessary and economically justified costs of repair.
In addition to repair costs, you are entitled to reimbursement of the cost of towing and storing the damaged vehicle, and to reimbursement of replacement vehicle hire costs for the full technologically justified duration of the repair.
Partial Damage Under Comprehensive Insurance – How It Differs from Third-Party Liability Cover
When settling a claim under your own comprehensive cover, the scope of compensation is determined by the contract and the General Terms and Conditions, not by statute. In practice, this means the insurer may apply depreciation to parts based on the vehicle’s age, an excess (typically ranging from several hundred to several thousand zlotys), hourly labour rates fixed in the contract – often below market rates – and may require the use of non-original parts. All of this is permissible if it follows expressly from the policy terms. For this reason, it is worth reading the General Terms and Conditions carefully before taking out comprehensive cover, paying particular attention to these provisions – the differences between insurers can be significant.
When It Makes Sense to Claim Under Your Own Comprehensive Cover
Settling a claim under the at-fault driver’s third-party liability insurance is generally more advantageous financially. There are, however, situations where using your own comprehensive cover makes sense: when the at-fault driver fled the scene or does not hold valid third-party liability insurance; when speed matters, as comprehensive claims are typically settled more quickly; when you have a no-claims protection rider and the claim will not affect your future premium; or when the at-fault driver is insured with a foreign company and pursuing the claim directly would be time-consuming. Bear in mind, however, that after settling the claim under your own comprehensive cover, your insurer may pursue a recourse claim against the at-fault driver or their insurer.
How Insurers Undervalue Partial Damage Payouts
The most common method of reducing a payout is to undervalue the repair estimate – by omitting certain repair operations, applying labour rates below market levels, or classifying components as repairable rather than requiring replacement. Added to this is the imposition of non-original replacement parts, the questioning of the causal link between the damage and the incident – with the insurer suggesting that some damage pre-existed the accident – and the failure to account for hidden damage that only becomes apparent when the vehicle is dismantled in the workshop.
A separate issue is the deliberate prolonging of the claims process. Under Article 14(1) of the Compulsory Insurance Act, the insurer is required to pay compensation within 30 days of the claim being reported. If clarifying the circumstances requires more time, this period may be extended to 90 days, but the insurer must give written reasons for the delay. Deliberately prolonging proceedings to pressure the injured party into accepting a reduced amount is unlawful.
How to Enforce Your Rights Effectively
Before accepting the insurer’s offer, commission an independent repair estimate from an automotive expert. This document forms the basis for negotiation and – if necessary – for court proceedings. If the insurer’s estimate differs significantly from the independent valuation, submit a written appeal identifying specific objections and requesting a written justification for each adjustment, together with the legal basis or the relevant policy provision.
Retain all documentation: photographs of the damage, correspondence with the insurer, and invoices for towing, storage and replacement vehicle hire. If additional damage not visible during the initial inspection is discovered during the repair, notify the insurer immediately and request a supplementary assessment.
Practical Examples from Our Caseload
A client decided to settle a collision claim under his own comprehensive cover. The insurer applied 40% depreciation to replacement parts and used a labour rate of PLN 80 per hour, while the market rate at an authorised service centre was PLN 120. As a result, the client would have had to contribute nearly PLN 3,000 out of pocket. Analysis of the policy terms showed that the policy provided for a lower depreciation threshold, and the labour rate applied had no basis in the contract. The appeal filed on the client’s behalf led to a revised estimate and full coverage of the repair costs.
A second client encountered deliberate delay in the claims process from the at-fault driver’s insurer. For 45 days the insurer issued no decision, hoping the client would agree to an undervalued sum in order to have the vehicle repaired as quickly as possible. The firm sent a formal demand citing the insurer’s breach of Article 14 of the Compulsory Insurance Act and claiming interest for the delay. The insurer issued its decision within a week of receiving the letter.
Frequently Asked Questions
Do I have to use the workshop the insurer recommends? No. You have the right to choose any workshop and the insurer cannot make payment conditional on using a specific service centre. This applies to both third-party liability and comprehensive claims – unless the comprehensive policy expressly provides otherwise and you agreed to those terms when taking out the cover.
How long does the insurer have to settle a partial damage claim? As a general rule, 30 days from the date the claim is reported. If all circumstances cannot be clarified within that period, the deadline may be extended to 90 days, but the insurer must notify the injured party in writing of the reason for the delay – this follows from Article 14(2) of the Compulsory Insurance Act.
Am I entitled to a replacement vehicle for a partial damage claim under third-party liability insurance? Yes, for the full technologically justified duration of the repair – regardless of whether you are in practice using another vehicle. The insurer may dispute the length of the hire period or the daily rate, but cannot refuse reimbursement if the hire was justified.
What should I do if additional damage is found during the repair? Notify the insurer immediately and document the newly discovered damage with photographs and a workshop report. The insurer is required to issue a supplementary assessment covering all damage causally connected with the incident.
Am I entitled to original parts for an older vehicle? Under a third-party liability claim – yes, if the vehicle was fitted with original parts before the accident. Courts in Wielkopolska consistently confirm this position even in relation to older vehicles. Under comprehensive insurance, it depends on the policy terms.
Contact Us
If the insurer’s repair estimate does not cover the full cost of repair, or if you have encountered a refusal to reimburse replacement vehicle or towing costs, it is worth seeking legal advice to recover what you are owed.
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.