Compensation After an Accident in Poland

If you were injured in an accident in Poland - on the road, at work, or in a public place - you may be entitled to compensation, regardless of your nationality or where you live. As an attorney-at-law (radca prawny) in Wroclaw, I help foreign clients pursue these claims and deal with insurers in English.

Below is a general overview. Every case turns on its own facts, so treat this as orientation rather than a definitive assessment of your situation.

Which law applies?

As a rule, where the accident happens in Poland, the claim is governed by Polish law even if you are a foreign national. Poland operates a system of mandatory third-party liability insurance for vehicles (OC), under which the insurer of the person responsible compensates those they injure.

Who do you claim from?

It depends on the circumstances, but typically:

• for a road accident caused by an insured Polish vehicle - the at-fault driver's OC insurer;
• where the responsible vehicle was uninsured or the driver cannot be identified (for example a hit-and-run) - the Insurance Guarantee Fund (UFG) may be responsible;
• for a foreign vehicle - the claim is usually handled through the insurer's representative in Poland or the Polish Motor Insurers' Bureau (PBUK);
• for non-traffic accidents (for example a fall caused by someone's negligence, a work accident, or a medical case) - against the party responsible and, where applicable, their insurer.

What can you recover?

Polish law broadly distinguishes two kinds of claims. The first is odszkodowanie - compensation for financial losses, such as treatment and rehabilitation costs, lost income or other provable expenses (art. 444 of the Civil Code). The second is zadoscuczynienie - a sum for pain, suffering and non-financial harm (art. 445 of the Civil Code). Where a close relative has died in an accident, family members may have their own claims (art. 446 of the Civil Code).

The amount depends heavily on the specific injuries and consequences, so it cannot be stated in advance as a fixed figure. It is worth being aware that an insurer's first offer is often lower than what may ultimately be recoverable, which is one reason independent legal assessment can be valuable.

Deadlines that matter

There are two kinds of timing to keep in mind. Once a claim is reported, an insurer is as a rule required to pay the undisputed part within a set period (generally around 30 days, with a longer backstop where the facts cannot be established quickly). Separately, claims are subject to a limitation period - under the Civil Code often three years from when you learned of the damage and of the person liable, though longer periods can apply, for example where the harm resulted from a crime. Because the details vary, it is best to check the timing early.

Practical points for foreigners

You do not have to stay in Poland to pursue a claim. After signing a power of attorney, a Polish lawyer can handle the whole process - gathering documentation, dealing with the insurer or the UFG, and going to court if a fair settlement is not offered. A police report or other record of the accident is usually helpful, as is keeping medical documentation and evidence of your losses.

This article is general information and does not constitute legal advice. Every case is different - please consult a lawyer about your specific situation.