A third-party liability policy protects those injured in a collision – and that protection cannot be refused. But the law provides for situations in which the financial cost ultimately falls not on the insurer but on the driver who caused the damage. Understanding this distinction matters, because many drivers confuse the two.
Two Different Mechanisms: Refusal to Pay and Recourse
In third-party liability claims it is important to distinguish between two situations.
Refusal to pay compensation to the injured party – the insurer challenges the liability itself or the causal link between the incident and the damage claimed. In this situation the injured party receives nothing.
Recourse – the insurer pays compensation to the injured party but then demands repayment from the driver who caused the damage. The injured party is satisfied, but the driver becomes the insurer’s debtor.
Under the Polish compulsory third-party liability insurance system, the injured party is protected absolutely – the insurer must pay compensation even where the driver acted unlawfully. The financial consequences can, however, fall on the driver through recourse.
When the Insurer Can Claim Repayment from the Driver
Article 43 of the Act of 22 May 2003 on Compulsory Insurance sets out an exhaustive list of situations in which the insurer may pursue recourse.
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), and also where they were under the influence of narcotics.
No entitlement to drive. No driving licence at all, driving a vehicle of a category for which the driver holds no entitlement, or driving subject to a court-imposed disqualification.
Obtaining the vehicle through a criminal offence. Driving a stolen vehicle or one obtained through another criminal act.
Intentional damage. Deliberately causing a collision or accident with the intention of causing harm.
Fleeing the scene. Leaving the scene of a collision or accident in order to avoid responsibility.
Outside this list, the insurer generally has no right to recourse – even where the driver seriously breached road traffic rules.
When the Insurer Can Challenge Liability Itself
A refusal to pay compensation to the injured party is possible where the insurer disputes the causal link between the incident and the damage claimed. An example is where damage to a vehicle existed before the collision and the driver reports it as a consequence of the accident. A technical report may show that the damage has a different chronology or character than the claimant asserts.
Another basis is the limitation of the claim. Where the accident constituted a criminal offence, the claim becomes time-barred twenty years after the event. In other cases, the period is 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.
What to Do After an Unjustified Refusal
Every refusal to pay must be justified in writing, citing the specific legal and factual basis. The first step is to verify whether the stated justification actually corresponds to the applicable rules.
The next step is an internal appeal to the insurer. If this produces no result, a complaint can be made to the Financial Ombudsman, who handles disputes between policyholders and insurance companies. The final route is court proceedings.
At every stage, documentation is critical: photographs from the scene, witness statements, dashcam footage, technical reports. The stronger the documentation, the stronger the position in a dispute with the insurer.
Practical Points
Report the claim to the insurer without delay. Do not sign a settlement without consulting a lawyer – agreeing too quickly can close the door to full compensation. Do not admit fault at the scene before assessing all the circumstances. Keep all documentation connected with the incident and the claims handling process.
Contact Us
If the insurer has refused to pay compensation or has directed a recourse claim at you, it is worth consulting a lawyer.
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.
