Polish Insurer Underpaid Your Claim? How to Get the Difference

Q: How is the interest calculated — from what date?

Interest runs from the date payment should have been made — usually the date the insurer had all the information needed to issue its decision. In practice, that's typically the decision date plus the statutory 30-day period.

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 of the person who caused your accident has paid out for the repair of your car, but something feels off — the amount looks too low. The real repair costs are higher, the loss in resale value hasn't been factored in at all, and towing and parking charges have quietly "disappeared" from the valuation. This isn't the end of the road — you can still claim the difference. Below we explain why Polish insurers underpay claims, how to check whether you've genuinely been shortchanged, and what your options are (internal appeal, the Financial Ombudsman, court).

Why Polish insurers underpay claims

It isn't always bad faith — often it's a systemic cost-cutting practice. Here are the main methods:

1. Underestimated repair estimate

The insurer relies on pricing databases (Audatex, Eurotax) built on average rates — which don't necessarily match the rates charged by your workshop or by an authorised dealer garage (ASO — Autoryzowana Stacja Obsługi).

Database-based estimate: PLN 8,000
Actual cost at an authorised garage: PLN 10,500
Shortfall: PLN 2,500

2. Low vehicle valuation (in a total-loss case)

For a total loss, the insurer takes the value from its database — which can be imprecise:

Insurer's valuation: PLN 35,000
Actual market value (based on comparable listings): PLN 42,000
Shortfall: PLN 7,000

3. Refusing or underpaying additional claims

Insurers often "forget" about: - Towing and parking costs - Loss of resale value (diminished value) - Loss of income (if it was a company car) - Original manufacturer parts (they tend to push cheaper Q/P/Z-grade replacement parts)

4. Contributory-fault percentage

If the accident was partly "your fault" (e.g. 30% you, 70% the other driver), the insurer reduces the payout proportionally — and sometimes gets the percentage wrong.

How to check whether your payout is too low

Step 1: Gather your documents

Get together: - The insurer's cost estimate (the payout decision) - Repair invoices (if you've already had the car fixed) - Estimates from other workshops/authorised garages (for comparison) - Market listings for comparable cars (if it was a total loss — for the valuation) - Invoices for parking, towing, and a replacement car (if these haven't been reimbursed)

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Step 2: Compare against the market

For a repair: compare hourly labour rates and parts prices against the real market
For a total loss: look for identical or near-identical cars at similar prices online
For additional claims: gather supporting invoices

Step 3: Get an independent estimate or valuation

If the gap is large (above 10%), it's worth commissioning a report from a court-approved vehicle assessor (rzeczoznawca sądowy) — cost roughly PLN 400–1,500.

The assessor's report will serve as evidence if the matter ends up in court.

Step-by-step appeal procedure

Step 1: Internal appeal to the insurer

Send a letter by post or email (with proof of delivery) to the insurer:

What to include: - Claim/policy number - Date of the accident - Amount paid - Amount you're claiming (with justification — e.g. assessor's report, market listings) - Response deadline: 14 days (or 30 days for more complex cases) - Signature and contact details

Example: "The compensation paid on 15 June was PLN 8,000. According to an independent assessor, the cost of repair at an authorised garage is PLN 10,500. I am claiming the difference of PLN 2,500. Please respond within 14 days."

Step 2: Wait for a response

The insurer should: - ✅ Accept the claim and pay the top-up - ✅ Explain why its original estimate was correct - ❌ Go silent (in which case, move to Step 3)

Step 3: The Financial Ombudsman (free of charge)

If the insurer doesn't respond, or refuses your claim, you can file a complaint with Poland's Financial Ombudsman (Rzecznik Finansowy):

Advantages: - Completely free - The Ombudsman can intervene directly with the insurer - Insurers sometimes back down under the Ombudsman's pressure

How to file: - Via the Ombudsman's website: https://rf.gov.pl/ - Or by post to the Ombudsman's office (each region has its own branch) - Deadline: no strict time limit, but the sooner the better

Timeframe: the Ombudsman has 4 months to review the matter

Step 4: Court proceedings

If the Ombudsman doesn't resolve it either, you can bring a claim before a Polish district court (Sąd Rejonowy) for the outstanding compensation.

Cost: the court fee depends on the amount claimed (PLN 30–5,000). If you win, the insurer can be ordered to cover the fee and your legal costs (Article 100 of the Polish Civil Procedure Code).

Statutory interest for late payment — how to calculate it

Important: the insurer should also pay statutory interest for every day of delay from the point the payment should have been made (Article 481 of the Polish Civil Code).

Interest rate

Roughly 3% per year (the exact figure is the NBP reference rate + 4 percentage points)
Calculated from the date the decision became final (or from the date payment should have been made)

Example

Shortfall: PLN 2,500
Delay: 6 months (July to December)
Interest: PLN 2,500 × 3% × (6/12) = PLN 37.50
Total claim: PLN 2,500 + PLN 37.50 = PLN 2,537.50

⚠️ Note: interest keeps accruing month by month — the longer you wait for the top-up, the more interest is due.

Frequently asked questions

How much does an appeal to the insurer cost? Nothing — it's an internal, free-of-charge procedure. You send a letter; there's no fee.

Is it always worth going to court over an underpaid claim? Not always — it depends on the amount. If the shortfall is PLN 500 and court costs would run to PLN 1,000, the numbers don't work. For shortfalls above PLN 2,000, it's usually worth pursuing.

How is the interest calculated — from what date? Interest runs from the date payment should have been made — usually the date the insurer had all the information needed to issue its decision. In practice, that's typically the decision date plus the statutory 30-day period.

Do I have to appeal to the insurer first, or can I go straight to court? In theory you can go straight to court, but in practice it's better to appeal internally first — sometimes the insurer simply pays up, and in the meantime you gain time to gather evidence.

I live in the UK — can I pursue compensation remotely? Yes — through a Polish lawyer acting under a power of attorney. You don't need to be physically present in Poland.

Disclaimer

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 (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.

Sources

Article 481 of the Polish Civil Code — statutory interest for late payment
Act on the Protection of Competition and Consumers (UOKiK)
The Financial Ombudsman (Rzecznik Finansowy) — complaint-handling procedure: https://rf.gov.pl/
Polish Civil Procedure Code — court claims for compensation

Last verified: 27 June 2026.