A road traffic accident is a situation in which stress and chaos can lead to decisions with serious legal consequences. The guide below sets out exactly what to do immediately after an incident – whether you are the driver responsible or the person injured.
Step 1 – Stop Your Vehicle and Make the Scene Safe
The first obligation of every accident participant is to stop the vehicle immediately. Article 44 of the Road Traffic Act imposes this duty without exception. Fleeing the scene is a separate circumstance that aggravates criminal liability and triggers insurance recourse.
After stopping, switch on your hazard lights and place a warning triangle at an appropriate distance from the scene – at least 30–50 metres on roads outside built-up areas and at least 100 metres on motorways. If it is safe to do so, move the vehicles off the carriageway to avoid blocking traffic.
Step 2 – Check for Injuries and Call for Help
Assess whether anyone is injured. At any suspicion of personal injury, call 112 immediately. Give: the exact location (street name, road kilometre, nearby landmarks), the number of people injured and visible injuries, the type of incident.
Do not move anyone who may have a spinal injury – unless they face an immediate danger (fire, oncoming traffic). Failing to assist a person in immediate danger of loss of life is a criminal offence under Article 162 of the Criminal Code.
Step 3 – Call the Police
The police must be called in every accident involving personal injury or death. For a minor collision involving only property damage, calling the police is optional where both parties agree on what happened and choose to complete a European Accident Statement (the joint form). Where there is any dispute about fault or circumstances – call the police.
The police secure evidence, document the incident, record the details of participants and witnesses and prepare an official report.
Step 4 – Document the Scene
Before anything is moved or cleared away, take thorough photographs: the position of all vehicles on the road, the damage to each vehicle (close-up and wide shots), skid marks, debris on the road, nearby road signs, visibility at the scene. Secure dashcam footage immediately after the incident – files may be overwritten.
Collect the details of all participants: full name, national identification number or date of birth, driving licence number, vehicle registration number, third-party liability insurer and policy number. Collect the details of any eyewitnesses too.
Step 5 – Exchange Details with the Other Party
In a minor collision without personal injury both parties are required to exchange details. If you decide to complete a European Accident Statement without calling the police, make sure the form is filled in completely and signed by both parties. Photograph the completed form before parting ways.
Do not sign any statement about the circumstances of the incident without reading it carefully. Do not admit fault at the scene – the assessment of fault is a matter for the insurer and the court, and a hasty admission can be difficult to retract.
Step 6 – If You Are the Injured Party
See a doctor as soon as possible – even if you feel no pain. Some injuries (for example whiplash or spinal trauma) become apparent only after a delay. Medical records from the very first day are critical for any subsequent compensation claim.
Keep all receipts and invoices connected with the incident: medical and rehabilitation costs, vehicle repair costs, replacement vehicle hire costs, towing costs, lost earnings.
Report the claim to the responsible driver’s third-party liability insurer or to your own insurer under the direct claims settlement procedure. You are entitled to compensation covering: the cost of repairing the vehicle or its market value in the case of a total loss, medical and rehabilitation costs, non-material damages for pain and suffering, an annuity for permanent injury, and reimbursement of lost earnings.
Step 7 – If You Are the Driver Responsible
Do not flee the scene – this is a separate circumstance that aggravates criminal liability and triggers insurance recourse under Article 43 of the Compulsory Insurance Act.
Report the incident to your third-party liability insurer without delay – usually within the period specified in your policy terms (most commonly seven days). Failure to report in time can complicate the subsequent claims process.
Contact a lawyer before your first police interview – you have the right to decline to answer questions until you have consulted a defence lawyer. The extent of criminal liability depends on the circumstances of the incident and requires individual assessment.
Step 8 – The European Accident Statement
The European Accident Statement form (also known as the joint accident declaration) allows a minor collision to be documented without calling the police. The conditions for using it are: no personal injury, both parties agree on the circumstances of the incident, and both parties are willing to sign the form.
The form should include: the details of both parties and their vehicles, insurer details, a diagram of the incident, a description of the circumstances and the signatures of both parties. Take a photograph before signing – and never sign a blank form.
Step 9 – Reporting the Claim to the Insurer
The injured party may report the claim directly to the responsible driver’s third-party liability insurer or to their own insurer under the direct claims settlement procedure. The insurer has 30 days to pay compensation from the date the claim is reported (Article 14 of the Compulsory Insurance Act). Where clarifying the circumstances requires more time – a maximum of 90 days applies.
Do not sell the damaged vehicle or carry out your own repairs before the insurer’s expert has inspected it – doing so may complicate or prevent payment of the compensation.
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Whether you are the driver responsible or the injured party, a road traffic accident has serious legal consequences. Acting correctly from the first moments can materially affect both criminal liability and the level of compensation.
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.
