Attorney-at-law, Wrocław, Poland
Injured in a road accident in Poland. Claiming from the driver’s insurance
If you were injured in a road accident in Poland, the claim is normally made against the motor third party liability insurer of the vehicle at fault. You can pursue it from abroad. You do not have to return to Poland, and in most cases you do not have to sue the driver personally.
Who pays and on what basis
Liability of the vehicle possessor
The possessor of a motor vehicle is liable for damage on a risk basis, which means fault does not have to be proved (Article 436 § 1 of the Civil Code). This applies to pedestrians, cyclists and passengers. Between drivers of two colliding vehicles the general rules apply instead, so fault does matter (Article 436 § 2).
The insurer pays, not the driver
Under a liability insurance contract the insurer pays the compensation for which the insured person is responsible (Article 822 of the Civil Code). Motor third party liability insurance is compulsory in Poland for every registered vehicle.
You can claim directly from the insurer
An injured person may pursue claims directly against the insurance company (Article 19(1) of the Act on compulsory insurance, the Insurance Guarantee Fund and the Polish Motor Insurers Bureau). No court action against the driver is needed to start.
If the driver was uninsured or was never identified
Claims may then be pursued against the Insurance Guarantee Fund, and in cross-border matters against the Polish Motor Insurers Bureau (Article 19(2) and (3)).
What can be claimed
All costs caused by the injury
Compensation covers all costs resulting from bodily injury or health disorder, including treatment, rehabilitation, care, medical devices and travel to treatment (Article 444 § 1 of the Civil Code). On request, the sum needed for treatment may be advanced.
An annuity
If you have lost the ability to work in whole or in part, if your needs have increased or your prospects for the future have diminished, you may claim a periodic payment (Article 444 § 2).
Compensation for harm suffered
Separately from costs, the court may award an appropriate sum for the harm itself, that is for pain, suffering and the consequences of the injury (Article 445 § 1). This is usually the largest part of the claim.
Claims of the family after a fatal accident
Where the injured person died, the relatives have their own claims, including the costs of treatment and the funeral and an annuity for those entitled to maintenance (Article 446).
Time limits that decide the case
These are the periods that most often decide whether a claim can still be pursued. They run from the event or from the day you learned of the damage, not from the day you decided to act.
Three years, but from knowledge
A claim in tort becomes time barred three years after the day on which the injured person learned, or with due diligence could have learned, of the damage and of the person obliged to redress it, and in any event not later than ten years from the event (Article 442[1] § 1 of the Civil Code).
Twenty years if the accident was a criminal offence
Where the damage resulted from a crime or a misdemeanour under the Criminal Code, the limitation period is twenty years from the commission of the offence, regardless of when the injured person learned of the damage (Article 442[1] § 2). Serious road accidents usually fall into this category.
Thirty days for the insurer
The insurer pays within thirty days from the notification of the loss (Article 14(1) of the Act on compulsory insurance).
Ninety days at the outside
If the circumstances cannot be established within that period, payment follows within fourteen days from the day when they could have been established, and in any case not later than ninety days from the notification, unless liability or the amount depends on pending criminal or civil proceedings (Article 14(2)).
Handling the case from abroad
You do not need to travel
The engagement can be arranged entirely by e-mail. A power of attorney can be signed and scanned, documents can be sent electronically, and the compensation can be paid to a bank account outside Poland. Attending in person is required only in rare situations, and I will say so clearly if the case is one of them.
What is worth collecting
Police certificate or the case reference, the other driver’s details and insurance policy number, hospital discharge summary and any medical records issued in Poland, photographs of the scene and of the vehicles, receipts for treatment and transport, and contact details of witnesses. If you have already left Poland without some of these, they can usually still be obtained.
Questions we are asked most often
Yes. Correspondence, documents and the power of attorney can all be handled remotely. Your presence may be needed only if the court decides to hear you in person, and even then remote hearing is often possible.
No. A payment made by the insurer does not close the claim unless you signed a settlement waiving further claims. Underpaid decisions are the most common reason people contact me.
No. I handle correspondence in English. In court proceedings an interpreter is appointed.
Nothing. In compensation matters the first assessment is free of charge. Send a description of what happened and any documents you have. You will receive a written reply setting out what can be claimed and what it would require. In criminal matters the rule is different and the work is paid from the start.
Contributory conduct reduces the compensation but does not remove the claim. How it is assessed is often disputed, and it is one of the points worth examining closely.
Tell me what happened
A short description of the accident and of your injuries is enough to start. I will reply with what can be claimed and what it would require.
Bartosz Krycki, attorney-at-law (adwokat) admitted to the Bar of Wrocław, entry no. WRO/ADW/2758. Professional indemnity insurance is mandatory for Polish attorneys. This page provides general information about Polish criminal procedure and is not legal advice in an individual case.
Kancelaria Adwokacka adw. Bartosz Krycki, ul. Legnicka 52/503, 54-204 Wrocław, Poland. 24/7 line +48 787 466 976. Office +48 512 976 090. kancelaria@adwkrycki.pl