Claim against the at-fault driver's motor insurer (Poland)

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The injured party's claim to the at-fault driver's insurer: the date and place, the at-fault driver, their vehicle and policy number, the injured party's vehicle, what happened, the damage, the evidence, the amount claimed and the account for payment, reserving the right to a replacement-car hire refund. It reminds the insurer that compensation is paid within 30 days of the claim, and filing the claim interrupts the limitation period.

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Common questions

How quickly must the at-fault driver's insurer pay compensation in Poland?

Within 30 days of being notified of the damage (art. 14(1) of the Compulsory Insurance Act). If the circumstances cannot be established in that time, payment follows within 14 days of establishing them, but no later than 90 days, and the undisputed part is paid within 30 days. A refusal or reduction must be explained in writing, with reasons.

How long is there to claim from the at-fault driver's insurer?

The claim is time-barred 3 years after the injured party learned of the damage and who is liable for it, and no later than 10 years after the event — 20 if the damage resulted from a crime (art. 442¹ of the Civil Code). Filing the claim with the insurer interrupts the limitation period, which starts again when the written decision is received (art. 819 § 4). Even so, the claim is best filed straight away.

Does the car have to be repaired to get compensation from the at-fault insurer?

No. The injured party can choose repair or a cash payment (art. 363 § 1 of the Civil Code) — compensation covers the necessary, economically justified repair costs, including when settled on a cost estimate. Where repair would cost more than the car is worth, the insurer pays its market value less the value of the wreck. Replacement-car hire is refunded where it was necessary and reasonable.