Generali Underpaid Your Car Accident Claim in Poland? How to Claim a Top-Up

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.

Received a decision from Generali and the payout looks too low compared to what the repair actually costs? You're far from alone — undervalued repair estimates are one of the most common complaints raised with Poland's Financial Ombudsman, whichever insurer issued the decision. A low Generali payout doesn't have to be the end of the story — you can check the figures and pursue a top-up. Below we explain the methods insurers (Generali included) typically use to trim repair estimates, how to check for yourself whether a valuation is too low, and the appeal route — from a complaint letter to Generali, through the Financial Ombudsman, all the way to court.

Does Generali undervalue claims differently from other insurers?

There's no evidence that Generali applies different damage-valuation methods from any other insurer operating in Poland. The mechanism is, in practice, the same across every insurance company — it comes from the general rules governing motor claims handling and from how repair estimates are generated in expert software systems, not from one firm's individual policy. The fact that you happen to have received a Generali decision doesn't change your rights or the route for pursuing your claim — the same provisions of the Polish Civil Code (Kodeks cywilny) and the same complaints procedure apply as with any other insurer.

It's worth stressing this, because it's easy to assume the problem lies with one particular brand. In reality, what you're seeing in the decision is a standard set of claim-calculation elements used across the whole industry — and they can be challenged with the same tools described below.

How insurers (Generali included) commonly undervalue a claim

1. Estimate from an expert software system instead of real market prices

Repair estimates in motor claims are usually produced using systems such as Audatex or Eurotax, which rely on averaged labour rates and part prices for a given region. The problem is that the actual rate charged by your garage or an authorised dealer workshop (ASO — Autoryzowana Stacja Obsługi, an official brand-authorised service centre) can be higher than the rate used in the estimate — and the gap can be substantial. If the insurer applied a lower rate than the one genuinely charged by the workshop carrying out (or due to carry out) the repair, that's grounds to challenge the estimate.

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2. Aftermarket parts (quality grades Q/P/Z) instead of original parts

The estimate may assume aftermarket "equivalent-quality" parts rather than original manufacturer parts, even where the vehicle qualifies for a repair using original parts (for example, a relatively young car in good condition before the accident). This is one of the most frequently disputed elements of a valuation.

3. Depreciation deductions

In some situations (typically for certain parts) the insurer applies a depreciation deduction, reducing the amount reimbursed based on the age or wear of the component. Whether such a deduction is justified, and to what extent, is often disputed and depends on the specifics of the case — ⚠️ the permissible scope of depreciation deductions on a third-party motor claim should be assessed by a lawyer based on the actual decision.

4. Additional heads of claim left out

The estimate may fail to include, or may understate, items such as: - towing and vehicle storage costs, - diminished market value of the vehicle after repair, - the cost of a replacement (courtesy) car while yours is being repaired.

5. Vehicle valuation in a total-loss scenario

Where repair isn't economically justified (a "total loss"), the insurer values the pre-accident vehicle using market databases. That valuation can come in lower than what comparable vehicles are actually being advertised for.

Warning signs your Generali payout may be too low

Look out for the following in the decision:

None of these signs on its own proves the decision is wrong — but each one gives you grounds for a specific, evidence-backed challenge to the estimate.

How to fight back — checking the figures and gathering evidence

Step 1: Gather comparison documents

Step 2: Consider an independent valuation

If the gap between Generali's estimate and the real cost is significant, it's worth considering an opinion from an independent vehicle assessor (rzeczoznawca). Provided it's prepared properly, such an opinion can serve as evidence both in further correspondence with the insurer and, if needed, before the Financial Ombudsman or a court.

Step 3: File a complaint (appeal) with Generali

You have the right to file a written complaint against the decision under the Act of 5 August 2015 on the handling of complaints by financial market entities. In the letter:

We cover a full sample letter and the complaints procedure in detail in How to appeal an insurer's decision effectively (in Polish).

The escalation route: complaint → Financial Ombudsman → court

If your complaint to Generali doesn't get results (refusal, or no response within the statutory deadline), you have further options:

  1. The Financial Ombudsman (Rzecznik Finansowy) — a free institution to which you can lodge a complaint about Generali's decision. The Ombudsman can ask the insurer for an explanation and a fresh review of the case. Complaints are filed via rf.gov.pl.
  2. A civil claim in court — if the Ombudsman doesn't lead to a settlement, you can pursue the top-up through the courts. The court weighs the evidence (estimates, assessor opinions, invoices) and can award the top-up plus statutory interest for late payment.

This same route — complaint, Financial Ombudsman, court — applies regardless of which insurer issued the decision. You can find more on the complaints procedure itself and on the court stage in Insurer underpaid your claim — how to get a top-up? (in Polish).

Based in the UK, but the claim relates to Poland

If the accident happened in Poland but you live in the UK day to day, you don't need to travel back to Poland to pursue a top-up from Generali. In practice:

That said, it's worth making sure the documentation (photos, estimates, correspondence) is complete and sent in the right form — it's the paperwork, not your physical presence in Poland, that determines how strong the case is.

Frequently asked questions

Does Generali deliberately undervalue claims more than other insurers? There's no evidence for that. The methods used to calculate a claim (estimates from expert software systems, labour rates, depreciation) are, in practice, similar across all insurance companies operating in Poland.

What specifically can I challenge in a Generali estimate? The most commonly disputed elements are: the labour rate, aftermarket parts specified instead of original ones, missing towing/parking/replacement-car costs, and no allowance for the vehicle's diminished market value.

Do I have to complain to Generali first before going to the Financial Ombudsman? There's no formal requirement to, but it's usually worth doing — sometimes the insurer will correct the decision at that stage, and you buy yourself time to gather further evidence.

How long does the Financial Ombudsman take to deal with a complaint? The Ombudsman deals with cases within statutory time limits; you can check the exact timeframes and procedure on rf.gov.pl.

Is it always worth going to court over a Generali top-up? That depends on the amount in dispute and the cost of proceedings — for small differences, the cost of litigation can outweigh the potential top-up. Whether it's worthwhile should be judged against the actual evidence and the sum in dispute.

How long do I have to claim a top-up from Generali? A tort claim for damages generally becomes time-barred 3 years from the date the injured party learned of the damage and of the person responsible (Article 442[1] of the Civil Code), or 20 years from the date of the event where the damage arose from a criminal offence. ⚠️ Working out whether the 3-year or 20-year period applies in a given case requires assessment by a lawyer.

Legal basis

Legal information: Twoja Sprawa (twojasprawa.com) is a matching platform connecting Polish-speaking people with a regulated Polish advocate or legal counsel (adwokat/radca prawny) — it is not a law firm and has no connection whatsoever with Generali or any other insurer. This article is provided for information purposes only, does not constitute legal advice, and does not guarantee any particular outcome. Every case requires an individual review of the documents by a regulated lawyer.

Sources

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Content reviewed: 5 July 2026.

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