At-fault driver's statement after a collision (Poland)

Published byDocMuse

A statement written at the scene of a minor collision in Poland where nobody was hurt: the date, time and place, the at-fault driver's details and licence, their vehicle and OC policy, the other driver and vehicle, what happened, visible damage, witnesses, room for a sketch, and the admission of fault. It is the main evidence for a claim against the at-fault driver's insurer when the parties do not call the police.

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Common questions

When must the police be called after a collision in Poland?

When someone is killed or injured — then help and the police must be called, and the drivers must stay at the scene (art. 44(2) of the Road Traffic Act). With damage to property only, it is enough to exchange personal details, the owner's details and the OC insurer (art. 44(1)). The police are worth calling when the parties disagree about fault, someone may be under the influence, or the at-fault driver has no OC or refuses to give details.

Is the at-fault driver's statement enough to get paid by their insurer?

It is usually the main evidence the insurer settles on. The injured party claims directly from the at-fault driver's insurer (art. 19(1) of the Compulsory Insurance Act), attaching the statement and photographs. The insurer can still check what happened, by inspecting the vehicles or asking the at-fault driver to confirm, so the statement should be legible, complete and signed by both drivers.

How does this differ from the European Accident Statement?

The European Accident Statement is a standard form handed out by insurers, filled in jointly by both drivers and most useful when a foreign vehicle is involved. This document is a simpler statement in Polish in which the at-fault driver admits fault outright. Neither is compulsory — both are evidence, and what matters is that they give the parties, the vehicles, the policies and an account of what happened.