Personal Injury After a Road Accident – What Compensation You Are Entitled To and How to Obtain It
A road accident has consequences that go far beyond a damaged vehicle. Bodily injuries, prolonged treatment, inability to work, rehabilitation costs – this is the reality for many injured drivers and passengers. The law provides a broad range of benefits designed to compensate for these losses, but obtaining them in full requires knowledge of the applicable rules and consistent action.
Contents
- What personal injury is and how it differs from property damage
- Compensation for pain and suffering
- Reimbursement of treatment and rehabilitation costs
- Compensation for lost earnings
- A periodic allowance – when it applies and what forms it takes
- The most common problems when pursuing personal injury claims
- How to document personal injury effectively
- What to do immediately after an accident
- Practical examples from our caseload
- FAQ
What Personal Injury Is and How It Differs from Property Damage
Personal injury encompasses all the negative consequences of an accident affecting the health or life of the injured party – as distinct from property damage, which relates to damage to or destruction of assets. Personal injury covers the physical consequences of an injury (pain, disability, the need for treatment and rehabilitation), the psychological consequences (post-traumatic stress, anxiety, changes to lifestyle) and the economic consequences (loss of earnings, costs incurred).
Liability for personal injury caused in a road accident is based on Articles 444 and 445 of the Civil Code, and in claims against the at-fault driver’s insurer – on the Act of 22 May 2003 on Compulsory Insurance, the Insurance Guarantee Fund and the Polish Motor Insurers’ Bureau. Personal injury is in many respects harder to value than property damage – it cannot be measured by an invoice or an estimate, and its true extent often only becomes apparent some time after the incident.
Compensation for Pain and Suffering
Compensation for pain and suffering is a monetary award intended to compensate for suffering – both physical and psychological. It is provided for by Article 445 § 1 of the Civil Code, which states that in the event of bodily injury or health impairment the court may award the injured party an appropriate sum by way of monetary compensation for the harm suffered.
The word “appropriate” is key here – the law sets no brackets or tables, and the amount is determined individually, taking into account the nature and extent of the injuries, the duration of treatment and rehabilitation, any permanent or long-term consequences of the injury, the age of the injured party and the impact of the accident on their professional and personal life. The court also takes account of psychological suffering, which can be as severe as physical pain – anxiety about travelling, post-traumatic stress disorder, the need to give up previous activities.
Insurers at the claims handling stage regularly offer amounts that bear little relation to the true extent of the harm suffered. An appeal against the insurer’s decision, and if that produces no result, court proceedings, is the standard route to recovering the full amount due.
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 expenditure on medical appointments and specialist consultations, diagnostic tests, procedures and surgery, medication and dressings, rehabilitation equipment, physiotherapy, and travel to and from treatment and rehabilitation.
It is well-established in court case law that an injured party has the right to use private medical care where treatment within the public health system does not provide access to the necessary services within a reasonable time. Insurers frequently challenge these costs, arguing that the injured party should use the public health system exclusively – a position that is, however, largely rejected by courts.
The costs of care provided by third parties – whether family members or a professional carer – can also be included in the compensation if the injured party’s condition required such assistance. It is not necessary for the care to have been paid for; what matters is the fact that the loss arose from the need to rely on others’ help.
Compensation for Lost Earnings
Where the accident prevented the injured party from working or reduced their earning capacity, they are entitled to compensation covering lost wages for the period of incapacity to work, the difference between their salary and any sickness benefit received, and in the case of self-employed individuals, lost profits from their business.
Demonstrating the level of lost earnings is often harder than proving treatment costs – particularly for business owners and those employed under civil law contracts whose income is variable. In such cases, the basis for calculation may be tax returns, invoices, contracts and the opinion of an accounting expert.
A Periodic Allowance – When It Applies and What Forms It Takes
Where the consequences of the accident are permanent or long-lasting, the injured party may be entitled to a periodic allowance under Article 444 § 2 of the Civil Code. The provision recognises two main forms of this benefit.
An allowance for increased needs compensates for ongoing, recurring expenses that the injured party would not have incurred but for the accident – medication, regular rehabilitation, monitoring appointments, a specialist diet, care. A supplementary allowance covers a permanent reduction in earning capacity where the injured party cannot return to their previous work or can only work to a limited extent.
A periodic allowance may be granted in the form of a recurring (monthly) payment or – where special circumstances justify it – as a lump sum, known as a capitalised allowance. Determining its level typically requires expert opinions from medical specialists and experts in rehabilitation or assessment of capacity to work.
The Most Common Problems When Pursuing Personal Injury Claims
Undervaluation of compensation by insurers is a systemic problem, not an exception. Initial offers of pain and suffering compensation are almost always lower than the amounts an injured party could obtain through court proceedings. The mechanism is straightforward: the insurer counts on the injured party – exhausted by treatment and financial difficulty – accepting the first offer without negotiation.
Challenging the causal link is another common practice. This is particularly prevalent in cases involving spinal injuries and other conditions with complex aetiology. The insurer argues that the complaints result from degenerative changes pre-existing the accident rather than from the incident itself. In such cases, the opinion of a medical expert who assesses whether and to what extent the accident contributed to the onset or aggravation of the complaints is crucial.
Prolonging the claims process is a form of financial pressure on the injured party. The insurer has a statutory deadline of 30 days to issue a decision from the date the claim is reported (Article 14 of the Compulsory Insurance Act) – if clarifying the circumstances requires more time, this period may be extended to 90 days. Exceeding these deadlines entitles the injured party to claim statutory interest for late payment.
Accepting a payment from the insurer does not deprive the injured party of the right to pursue further claims – unless they have signed a statement waiving all claims. Before signing any document sent by the insurer, it is worth having its content reviewed by a lawyer.
How to Document Personal Injury Effectively
Documentation is the foundation of effective claims recovery. Every medical appointment, every test, every medication purchased and every journey to rehabilitation should be documented – with receipts, invoices, medical certificates and medical history records. Medical documentation should reflect the complete course of treatment and rehabilitation, indicating diagnoses, procedures applied and their effect on the patient’s condition.
It is also important to document the everyday difficulties arising from the injury – the inability to perform certain tasks, the need for assistance from others, and the impact of the injury on professional activity and personal life. Such documentation, even in the form of written notes or witness statements, can be significant when determining the level of pain and suffering compensation.
If the injured party is receiving psychological or psychiatric care as a result of the consequences of the accident, documentation from these sessions is equally important as medical documentation relating to physical injuries.
What to Do Immediately After an Accident
The first and most important step is to take care of your health – even if you feel well immediately after the incident, you should seek a medical examination. Many injuries, particularly to the spine and head, only reveal their full consequences after several days.
At the scene, if your condition allows, it is worth preserving evidence: photographs of the scene, vehicle damage, visible injuries, the driver’s details and those of any witnesses. The claim should be reported to the insurer as soon as possible, preferably in writing, keeping a copy of the notification.
Before signing any statements sent by the insurer – including statements accepting compensation “in full” or waiving further claims – it is advisable to consult a lawyer. Such documents can have serious consequences for the ability to pursue further benefits.
Practical Examples from Our Caseload
A client who sustained rib fractures and a spinal injury in an accident received an offer of PLN 22,000 in pain and suffering compensation from the at-fault driver’s insurer. The insurer also refused to reimburse the costs of private rehabilitation, citing the availability of public health treatment. The firm filed a claim seeking an increase in the pain and suffering award and reimbursement of rehabilitation costs. After hearing expert medical evidence confirming the extent of the injuries and the necessity of rehabilitation, the court awarded pain and suffering compensation of PLN 65,000 and reimbursement of treatment and rehabilitation costs of PLN 12,300.
An elderly client struck at a pedestrian crossing sustained multiple fractures of the leg requiring surgery and prolonged rehabilitation. The insurer awarded PLN 18,000 in pain and suffering compensation. The firm challenged this as plainly inadequate in relation to the extent of the harm and the duration of treatment. Following court proceedings, after obtaining expert opinions from an orthopaedic surgeon and a rehabilitation specialist, the court awarded pain and suffering compensation of PLN 70,000 and a periodic allowance for increased needs arising from the permanent consequences of the injury.
FAQ
Can I claim compensation if I partly contributed to the accident? Yes. Contributory fault on the part of the injured party results in a proportional reduction of the benefits due under Article 362 of the Civil Code, but does not deprive the injured party of the right to compensation altogether. If the injured party contributed to the accident by 20%, they will receive 80% of the benefits that would have been payable without any contributory fault.
Is compensation for pain and suffering available for minor injuries? Yes. Even for relatively minor injuries – cervical spine sprains, bruising, short-term trauma – the injured party is entitled to compensation for the suffering experienced. The amount depends on the circumstances of the specific case and is assessed individually.
How long do I have to bring a personal injury claim? As a general rule, three years from the date on which the injured party became aware of the damage and of the person liable, subject to a maximum of ten years from the incident. Where the accident constituted a criminal offence, the limitation period is twenty years from the date it was committed. The limitation period does not run from the conclusion of treatment – it may begin earlier.
Should the insurer reimburse the costs of private medical appointments? Yes, if using private medical care was justified – primarily where the waiting time within the public health system was lengthy and the injured party’s condition required more prompt intervention. This position is well established in court case law and is consistently confirmed in successive judgments.
Contact Us
Effectively pursuing personal injury claims requires both solid documentation and knowledge of the applicable rules and insurer practice – insurers have professional legal support at every stage of the process.
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.