Suing a Polish Insurer in Court: When and How

This guide is general legal information, not legal advice. How the rules apply depends on your individual circumstances and the evidence in your case. If you need advice or representation, the matter should be assessed by a qualified Polish lawyer. Twoja Sprawa (twojasprawa.com) is a platform that connects Polish-speaking clients with regulated Polish advocates and legal counsel (adwokat/radca prawny) — it is not a law firm itself. Twoja Sprawa helps you organise the documents for that assessment.

Has the insurer refused to pay, or is it offering far too little? Have you already gone through the pre-court steps (complaint, Financial Ombudsman) without success? In Poland you can take an insurer to a civil court — it's a last resort, but a strong one if you have the documents. How does it work, what does it cost, and what do you need to know?

When is it worth suing the insurer?

Court proceedings are a last resort, but worth considering when:

• The insurer flatly refuses to pay, and you have solid evidence (police report, medical certificates, repair quotes).
• There's a big gap between your claim and their offer (e.g. you're claiming PLN 15,000 and the insurer offers PLN 3,000).
• You have a lasting health impairment — the court may award higher compensation for pain and suffering than the insurer proposed.
• Your medical records are complete — MRI scans, X-rays and specialist certificates strengthen your position.
• You have time — proceedings take 1–3 years, but can end favourably.

It's usually not worth suing when: - The claim is small (under PLN 2,000–3,000) — the court costs could outweigh the compensation. - Your documentation is weak — without medical certificates or a police report, it's an uphill battle. - Liability is shared — the court may reduce the award proportionately.

Jurisdiction — which court do you file with?

A claim for compensation against the at-fault driver's insurer can be filed with:

1. The district court (sąd rejonowy) where the insurer is based

This is the court for the location where the insurer has a branch or head office. It's the most common route.

2. The district court where you live (alternative jurisdiction for consumers)

Polish law lets a consumer (a private individual, not a company) sue at a court closer to home. This matters ⚠️ if you're a Pole living in the UK: you may be able to file at the district court covering the place where you're registered as living in Poland (if you have such an address there). If you're actually resident in the UK, you'd need to check separately whether a UK court would accept jurisdiction over the claim.

3. The district court for the place of the accident

An alternative option, but less commonly used.

In practice: if you know where the insurer is based, file there — cases at that court tend to move faster (though there are always exceptions).

What do you need to prove in court?

Your claim (pozew) should establish:

1. The damage (financial loss)

• Actual damage to the vehicle/property — an independent assessor's valuation, repair invoices, vehicle valuations before and after the accident.
• Causal link — the accident caused the loss (police report, photographs).
• The amount — a specific figure (not "approximately").

Example: "A 2018 Ford Focus, market value before the accident PLN 25,000, after the accident PLN 18,000 (assessor's valuation). Actual repair cost: PLN 8,000 (garage invoice). Total claim: PLN 15,000."

2. The at-fault party's liability (which the insurer covers)

• Police report — establishing fault and describing the incident.
• Witness statements — people who saw the accident.
• Technical evidence — photographs, braking-distance marks, accident reconstruction.
• Traffic rules — which driver broke them (speeding, running a red light).

You do not need to prove the other driver acted negligently — under Article 436 of the Polish Civil Code (Kodeks cywilny, KC), a vehicle keeper is liable regardless of fault (strict liability). However, if you can show the at-fault driver acted knowingly (drink-driving, reckless driving), that can push up the compensation for pain and suffering.

3. Compensation for pain and suffering — zadośćuczynienie (Article 445 KC)

• Medical certificates — pain, length of treatment, degree of disability.
• Expert opinions — a psychologist (if PTSD is involved), a doctor (extent of the harm).
• Personal notes — a record of how the injury affected your life (work, family, activities).

Important: the court itself decides the amount of compensation for pain and suffering — you only need to demonstrate that the pain and harm existed. You should not simply invent a figure.

Timescales and court procedure

1. Preparing and filing the claim

• Time: a few weeks to prepare the documents.
• Where: the district court with jurisdiction over the insurer.
• Document: the statement of claim (pozew), filed on paper or electronically via the e-court portal.

2. Court fee

• Amount: 1–10% of the value of the claim, minimum roughly PLN 50, maximum roughly PLN 10,000 (for large claims).
• For a PLN 15,000 claim: the fee is roughly 2–3% = PLN 300–450.
• For a PLN 50,000 claim: the fee is roughly 5% = PLN 2,500.

The fee is refundable if you win — the court orders the insurer to reimburse the fee plus your lawyer's costs (if you had one).

3. Hearings

• Number: usually 2–4 hearings (depending on how complex the case is).
• Timing: the court schedules them in advance (typically 4–6 weeks apart).
• Attendance: in person at court, unless the court agrees to a video link.

For Poles in the UK: you can be represented by a lawyer (adwokat — a barrister-equivalent, or radca prawny — a legal counsel) in Poland, and attend hearings remotely by video link yourself, if the court agrees to it.

4. Evidence

• Statements of the parties — you and the insurer's representative.
• Witness statements — people who were at the scene.
• Expert opinion — an independent assessor (traffic engineer), a doctor (extent of the harm).
• Documents — all supporting evidence (invoices, certificates, reports).

5. Judgment

• Timing: after the evidence has been considered, usually within 2–8 weeks of the final hearing.
• Form: a written judgment with reasons.
• Appeal: if you lose, or aren't satisfied with the outcome, you can appeal to the appellate court within 14 days of the judgment.

Costs — who pays?

Court fee

• You pay it — into the court's account before filing the claim.
• Refund: if you win, the insurer reimburses it.

Lawyer's fees (adwokat / radca prawny)

• Cost: depends on the agreement (commonly 10–20% of the award, or a fixed fee of PLN 1,500–5,000).
• Refund: if you win, the court can order the insurer to reimburse part of the fee (typically 25–50% of the actual cost).
• You are not required to have a lawyer — you can represent yourself, but that carries risk (more procedural mistakes).

Expert assessor's opinion

• Cost: PLN 500–2,000 (vehicle valuation, accident analysis).
• Refund: the court will usually order the insurer to reimburse this if the expert opinion was necessary.

Additional costs

• Sworn translations (if your documents are in English) — PLN 30–100 per page.
• Correspondence, postage — minor amounts.

Typical total for an average case: PLN 1,000–5,000 (lawyer + court fees + expert opinion). If you win, most of this is reimbursed.

Do you need a lawyer?

It's usually worth having a lawyer (adwokat / radca prawny) when:

• The claim is significant (over PLN 10,000).
• Fault is disputed (a multi-vehicle accident).
• The insurer has its own lawyer — without one, you'll be at a disadvantage.
• You don't know the court procedure — procedural mistakes can cost you the case.

You can represent yourself when:

• The case is straightforward and your evidence is clear (one car drove into another, a clear police report).
• The claim is small (under PLN 5,000) — a lawyer's fees may not be worth it.
• You have relevant experience in court or are a qualified lawyer yourself.

Interest for late payment (Article 481 KC)

If the insurer failed to pay within the statutory 30-day deadline, you may be entitled to statutory interest for each day of delay.

• Rate: Article 481 KC sets the rate ⚠️ (this changes periodically — check the current figure via the National Bank of Poland, NBP, website).
• Calculation: from day 31 after you reported the loss until the day the insurer actually pays.

Example: if the insurer took 6 months and you claimed PLN 10,000, the interest might come to roughly PLN 200–500 (depending on the applicable rate).

Bringing a claim from the UK — how to be represented

If you live in the UK and want to sue an insurer in Poland:

1. Instruct a lawyer in Poland

• An adwokat or radca prawny, registered with the Bar Association (Izba Adwokatów) or the Chamber of Legal Counsel (Izba Radców Prawnych).
• Ideally based near the relevant court, so they know the local judges and practice.

2. Send the documents

• A power of attorney (pełnomocnictwo) for your lawyer — this can be sent by email.
• Copies of all supporting documents (photographs, medical certificates, repair quotes, police report).

3. Your lawyer prepares and files the claim

• On your behalf.
• Your lawyer represents you in court.

4. Hearings

• If needed, you can attend remotely by video link, but the court has to agree to this.
• Your lawyer can represent you fully (without your being present), provided you've given them the appropriate power of attorney.

5. Judgment

• Your lawyer will let you know the outcome.
• If you win, the money can be sent to a UK account (though there's usually a wait until the insurer pays, or until enforcement costs are settled if the insurer doesn't pay voluntarily).

FAQ

Can I sue an insurer from the UK without a lawyer? Technically yes, but it's risky. Polish court procedure is complex, and procedural mistakes can lead to your claim being dismissed even when the underlying case is sound. A lawyer costs money, but improves your chances of success.

How long does a court case take? Usually 1–3 years from filing to judgment. An appeal extends this to 2–4 years. It's a long road, but it's the route to holding the insurer accountable.

What if the court awards less than I claimed? You can appeal to the appellate court within 14 days. An appeal adds cost, but if you have strong arguments, it can be worthwhile.

What if the insurer doesn't show up at the hearing? The court can issue a default judgment (wyrok zaoczny) in your favour without the insurer being present. That works in your favour, provided you have the evidence to back your claim.

Can I claim interest if I win? Yes. You can claim statutory interest from day 31 after you reported the loss until the date of payment (Article 481 KC).

What if the insurer appeals? The case goes to the appellate court. The procedure repeats, but this time the appeal focuses on points of law rather than the facts themselves. If you win the appeal, the insurer must pay — and may also be ordered to cover additional costs.

Links and resources

• e-court portal (e-Sąd): https://www.e-sad.ms.gov.pl — file a claim electronically (Polish only)
• Financial Ombudsman (Rzecznik Finansowy): https://rf.gov.pl — the complaints procedure against insurers, to try before suing (Polish only)
• Bar Association (Izba Adwokatów) — for finding a lawyer in Poland
• Chamber of Legal Counsel (Izba Radców Prawnych) — for finding a radca prawny
• Polish Civil Code (Articles 436, 444–446, 481): https://isap.sejm.gov.pl (in Polish)

Sources

• Articles 436, 444–446 and 481 of the Polish Civil Code (Kodeks cywilny, KC) — liability, compensation for pain and suffering, and statutory interest
• Financial Ombudsman (Rzecznik Finansowy) — pre-court complaint procedure: https://rf.gov.pl
• e-court portal (e-Sąd) — electronic filing of claims: https://www.e-sad.ms.gov.pl

Related articles

• Underpaid OC compensation — how to claim the difference
• How to appeal an insurer's decision effectively
• Complaints against insurers — KNF, the Financial Ombudsman, and other options

Summary

Suing an insurer in a Polish court is a last resort, but a strong one, if you have the documents and the time. The costs are real (lawyer, court fee), but most of it is refunded if you win. The process takes 1–3 years, but the outcome can be significant.

Before filing a claim, always: 1. Submit a formal complaint to the insurer. 2. Ask the Financial Ombudsman for an opinion (this is free). 3. Try mediation or a settlement first.

If none of that works, court proceedings are a reasonable next step.

A final note: this material is for general information. If your case is complex or the amount involved is significant (over PLN 10,000), it's worth consulting a Polish lawyer.

Last verified: 27 June 2026.