How to Appeal a Polish Insurer's Decision: A Step-by-Step Guide

This guide is general legal information, not legal advice. How the rules apply depends on your individual circumstances, and the matter should be assessed by a qualified Polish lawyer. Twoja Sprawa helps you organise the documents for that assessment.

The insurer has offered you compensation that you think is too low, or has refused to pay out at all. You don't have to accept that — but you need to act through the proper procedure. An appeal (complaint) is the first, essential step before you go to the Financial Ombudsman (Rzecznik Finansowy) or to court. Below we explain what gives you the right to complain, how to write an effective letter, what it needs to contain, and what the insurer is legally required to tell you back.

Your right to complain — the legal basis

Your right to appeal (complain) comes from the Act of 5 August 2015 on the handling of complaints by financial market entities (ustawa o rozpatrywaniu reklamacji przez podmioty rynku finansowego, Journal of Laws / Dz.U. 2015 item 1211).

The rule is straightforward:

Anyone who believes they have been treated unfairly by an insurer's decision has the right to submit a written complaint (appeal). The insurer must respond within a set deadline.

This right is free of charge — you don't pay anything to lodge a complaint.

The insurer's response deadline

The Act sets out clear deadlines by which the insurer must respond:

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Type of case Deadline
Simple case (e.g. a straightforward undervaluation of repair costs) 30 days
Complex case (e.g. a dispute involving multiple issues) 60 days

The clock starts running on the day the insurer receives your appeal.

If the insurer fails to respond within the deadline: - This is a breach of the Act - You can complain to the Financial Ombudsman (Rzecznik Finansowy) - A court will view the delay as a point in your favour

How to write an effective appeal — step by step

Element 1: Recipient and heading

[Date and place] — [your town]

To: [Insurer's full name — as it appears on the policy]
Claims Department / [City] Branch
Address: [address from the correspondence/policy]

Subject: APPEAL (COMPLAINT) AGAINST THE INSURER'S DECISION
Case/policy number: [number from the claim]
Date of the incident: [date of the accident]

Element 2: Case identification

Claimant: [your full name]
At-fault party's policy number: [if known]
Insurer's case number: [number from their claim file]
Date of incident: [date of the accident]
Place of incident: [town, street]

Element 3: Grounds — what, in your view, is wrong?

Here you need to be specific. Don't just write "the compensation is too low." Write something like:

Good example:

In its decision of 15 June 2026, the insurer offered compensation
of PLN 8,000.

I consider this amount to be undervalued for the following reasons:

1) The insurer's costing is based on a labour rate of PLN 100/hour,
 whereas the actual rate charged by an authorised repair shop is
 PLN 150/hour (evidence: quote from the garage dated 14 June 2026).

2) The insurer has not accounted for towing (PLN 1,200)
 or 30 days of parking (PLN 1,500).

3) No allowance has been made for the vehicle's diminished
 resale value, which I estimate at approximately PLN 4,500
 (evidence: independent assessor's valuation, attached as
 Appendix 1).

I am therefore claiming an additional PLN 10,400, made up of:
PLN 3,200 (difference in labour rates) + PLN 2,700 (towing and
parking) + PLN 4,500 (diminished value).

Element 4: Evidence

Attach to your appeal: - A copy of the insurer's decision - Copies of invoices/receipts (repairs, towing, parking) - Quotes from repair shops (rate comparison) - An independent assessor's report (if you have one) - Photographs of the vehicle (before and after) - Copies of correspondence with the insurer

Element 5: What you are asking for

Under the Act on the handling of complaints by financial market
entities, I request:

1) A fresh review of my case
2) Payment of the additional amount of [amount] PLN
3) A written response within 30 days of receipt of this appeal
4) Confirmation of the payment method (bank transfer, cheque, etc.)

Element 6: Closing statement

Please note that if my appeal is refused, or if I do not receive
a response within the statutory deadline, I intend to lodge a
complaint with the Financial Ombudsman (Rzecznik Finansowy).

Yours faithfully,

[Your signature]
[Full name]
[Date]
[Phone number]
[Email]

Where to send your appeal

Option 1: By post (the safest route)

Send it by registered post with a signed acknowledgement of receipt to the address: - Listed for the insurer - Given on your policy - Shown on the decision letter

Advantage: you have proof of delivery — the insurer cannot claim it never received your letter.

Option 2: By email

If the insurer provided an email address on the decision letter, you can use it — but: - Ask for confirmation of delivery - Ask for a case reference number (so you can track it) - Copy the Financial Ombudsman on the email, in case a dispute follows

Option 3: Via the insurer's website

Most insurers have an online complaints form — fill it in carefully, following the instructions given.

Timeline — what happens after you send your appeal

Day What happens
1–3 The insurer receives and registers your appeal (you should get an acknowledgement)
4–14 The claims department reviews your arguments
15–28 The response is prepared
29–30 The response is sent

Statutory interest — are you entitled to it

If the insurer misses its deadline (e.g. responds after 60 days instead of 30), you should raise this formally:

"The insurer has breached the Act on complaints handling by
failing to respond within the 30-day deadline. Under Article 481
of the Polish Civil Code, I am claiming statutory interest for
the delay."

Note: Article 481 of the Civil Code does not apply directly here (this is a matter of financial-services regulation, not civil law), but you can still raise this argument before the Financial Ombudsman and in court.

Frequently Asked Questions

Is the appeal free? Yes. It's entirely free — you don't pay anything to submit it or to go through the process.

What if the insurer doesn't respond within 30 days? You can lodge a complaint with the Financial Ombudsman (Rzecznik Finansowy) — this is a breach of the Act. The Ombudsman will want to know why the insurer failed to respond in time.

Does an appeal stop the limitation clock? No. A claim for damages arising from a tort becomes statute-barred after 3 years, regardless of whether you have submitted an appeal. So act quickly.

Can I submit an appeal by phone? No — it must be in writing. The Act requires a written complaint. Phone calls can supplement your case, but they don't replace a written appeal.

Do I have to pay tax on the compensation? No — compensation for property damage is not subject to income tax (Article 21(1) of the Polish Personal Income Tax Act).

Disclaimer

Twoja Sprawa (twojasprawa.com) is a platform that connects Polish-speaking clients with a regulated Polish advocate or legal counsel (adwokat or radca prawny) — it is not a law firm. This article is provided for general information purposes only and does not constitute legal advice. Any appeal should be tailored to your specific circumstances by a regulated lawyer.

Sources

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