Road Traffic Accident Compensation – A Comprehensive Guide for Injured Parties
A road traffic accident can change a person’s life for months or years. An injured party has the right to full compensation for both financial and non-financial loss. Many injured parties do not know exactly what they can claim or how to pursue their rights effectively. This guide answers those questions step by step.
Who Pays the Compensation
The at-fault driver’s third-party liability insurer – this is the primary source of compensation. The injured party reports the claim directly to the insurer of the driver who caused the accident. The insurer is liable up to the sum insured.
The injured party’s own insurer under direct claims settlement – direct claims settlement allows a property damage claim (vehicle damage) to be submitted to the injured party’s own insurer, which then settles with the at-fault driver’s insurer.
The Motor Insurance Guarantee Fund (UFG) – where the driver had no valid third-party liability policy or fled the scene and was not identified. The UFG is liable for personal injury claims in full.
The driver directly – where they are uninsured or the amount exceeds the sum insured.
The Deadline for Payment
The insurer has 30 days to pay compensation from the date the claim is reported and all necessary documents are provided. Where clarifying the circumstances of the case requires more time – a maximum of 90 days applies (Article 14 of the Compulsory Insurance Act). After that deadline the insurer is in default and statutory interest for late payment accrues from each day of delay.
The Scope of Compensation – What You Can Claim
Compensation for Financial Loss
Medical and rehabilitation costs – all reasonable expenses arising from the accident: hospitalisation, surgery, medication, medical appointments, physiotherapy, orthopaedic equipment. Under Article 444 § 1 of the Civil Code, the injured party may claim reimbursement of all costs arising from bodily injury or health disorder.
Advance payment of treatment costs. Under Article 444 § 1 of the Civil Code, the injured party may demand that the person liable for the damage pay in advance the sum needed to cover treatment costs – and, where the injured party has become disabled, also the sum needed to train for a different occupation. This right to advance payment is a practical tool that allows treatment to begin without waiting for the final settlement.
Lost earnings – the difference between the income the injured party would have earned had the accident not occurred and the income actually received during the period of treatment and incapacity to work.
Third-party care costs – where the injured party required care (for example with daily activities or transport to rehabilitation), the cost of that care is recoverable even where it was provided free of charge by family members.
Vehicle repair costs or market value – in the case of a total loss (where the repair cost exceeds the vehicle’s value), the injured party is entitled to the difference between the vehicle’s pre-accident value and the salvage value.
Replacement vehicle hire – for the reasonable period of repair or waiting for a total loss payment.
Towing and storage costs – documented costs of towing from the scene and storing the vehicle.
Other justified expenses – travel costs to medical appointments, costs of adapting accommodation or a vehicle for permanent disability, costs of a special diet.
An Annuity – Article 444 § 2 of the Civil Code
Where the injured party has wholly or partly lost their earning capacity, their needs have increased or their future prospects have diminished, they may claim an annuity. The annuity is a periodic payment made on a regular basis.
An annuity for increased needs – where the accident caused a permanent increase in expenditure (for example ongoing medical care, medication, rehabilitation).
A compensatory annuity – compensating for the difference between pre-accident income and income achievable after the accident.
Where the extent of the loss cannot be precisely established at the time of judgment, a temporary annuity may be awarded (Article 444 § 3 of the Civil Code).
Non-Material Damages – Article 445 § 1 of the Civil Code
Non-material damages are a financial award for harm suffered – pain, suffering, discomfort, restrictions on daily activities and lasting health consequences. The legislation does not set a specific amount – the court awards an “appropriate sum.”
When assessing the level of non-material damages, courts take into account: the degree and duration of physical and psychological suffering, the permanence of the consequences (percentage permanent injury), the impact on daily life and activities, the age of the injured party (younger age typically justifies higher awards for permanent consequences) and the prognosis for recovery.
Awards in Polish case law vary considerably – from a few thousand to several hundred thousand zlotys, depending on the extent of the harm.
How to Report and Document the Claim Effectively
Reporting the claim – as soon as possible after the accident, preferably in writing. Attach: the police report or European Accident Statement, the driver’s details and insurer information, photographic documentation.
Medical records – collect all documents from the first day: hospital discharge summaries, test results, medical certificates, receipts for medication and appointments. The more complete the documentation, the higher the compensation.
Financial documentation – all receipts and invoices for expenses incurred in connection with the accident: treatment, rehabilitation, replacement vehicle hire, travel.
Lost earnings documentation – an employer’s certificate of salary, sick leave certificates, tax returns for previous years.
Independent expert report – for property damage, an independent repair valuation is worthwhile. For personal injury – a consultation with a specialist (orthopaedic surgeon, neurologist, psychiatrist) assessing the long-term consequences.
When It Is Worth Appealing Against the Insurer’s Decision
Insurers systematically undervalue compensation. It is worth challenging a decision where: the amount is clearly disproportionate to the extent of the loss, the insurer refuses to cover justified costs, the vehicle is valued below its market value, or non-material damages are nominal in the face of the actual harm suffered.
The appeals route: internal complaint to the insurer → Financial Ombudsman → court proceedings.
Limitation Periods
Article 442¹ of the Civil Code: where the accident constituted a criminal offence – 20 years from the incident. 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 personal injury claims, the limitation period cannot expire before three years have elapsed from the date on which the injured party became aware of the loss.
Contact Us
If you have been injured in a road traffic accident and want to obtain full compensation, 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.
