Getting Your Car Repaired Under the At-Fault Driver's Polish OC Insurance: Step by Step
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.
You've had an accident, and now you're wondering how the repair of your car will actually work under the at-fault driver's OC (third-party liability) insurance. Claim settlement is a completely different world from buying a car or a warranty service visit — the insurer will want to pay as little as possible, and you need to know what you're actually entitled to. Below we explain the two main settlement routes (cash payout vs cashless repair), how the repair estimate is put together, why insurers tend to lowball it, and above all, how to avoid paying out of your own pocket for someone else's mistake.
Two settlement routes: cash payout or cashless repair?
Once your claim is registered with the insurer, you essentially have two options:
1. Cashless repair (through an insurer-approved garage)
The insurer gives you a list of garages where it will arrange and pay for the repair directly. You drop the car off, the garage repairs it, and you collect it — in theory, with no cost to you.
Advantages: - No out-of-pocket top-up (if the estimate is realistic). - The insurer negotiates rates with the garage — sometimes cheaper than market prices.
Disadvantages: - The garage is chosen by the insurer, and it may not be an authorised dealer for your make. - There can be a waiting list for an appointment. - Limited choice over replacement parts (the insurer works from its own estimate).
2. Cash settlement (your own garage, then reimbursement)
You choose the garage (including an authorised one), get a repair estimate, and the insurer pays out based on its own valuation — which is often lower than the actual repair cost.
Advantages: - Free choice of garage and replacement parts. - You can repair at an authorised dealer (ASO) if the car is still under warranty.
Disadvantages: - The insurer typically pays out less than the real repair cost. - The type of replacement parts (original vs aftermarket) is a common flashpoint. - There can be a significant gap between the estimate and what actually gets paid.
Insurer's estimate vs actual repair cost
This is where most of the conflict happens. The insurer produces a kosztorys (repair cost estimate) — an initial valuation of labour and parts. In Poland this is often generated using systems such as Audatex or Eurotax — international vehicle-valuation tools. The trouble is:
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Request a free initial assessment- The Audatex/Eurotax rate database often reflects labour rates that are out of date and doesn't match what your specific garage actually charges.
- Insurers tend to economise by picking the lowest labour rate available in the database.
- Hidden damage often only comes to light once the garage strips the car down (e.g. corrosion, structural cracks) — damage that wasn't visible on the initial estimate.
Initial estimate vs supplementary estimate
- Initial estimate (KSZ) — based on a visual inspection by the insurer's assessor. Usually undervalued.
- Supplementary estimate — submitted by the garage once further damage is discovered. Requires the insurer's sign-off.
This is a frequent source of disputes: the insurer argues "the damage was there all along, you should have spotted it", while the garage says "the parts were covered up, there was no way to assess it beforehand."
Replacement parts: original (O) vs aftermarket (Q/P/Z)
This is one of the biggest sources of disputes. To save money, insurers often propose aftermarket parts (marked Q, P or Z) instead of pricier original parts (O).
| Part type | Description | Insurer's preference | Claimant's preference |
|---|---|---|---|
| O — original | Made by the vehicle manufacturer, full warranty | NO — expensive | YES — quality |
| Q — new aftermarket | Different manufacturer, new, cheaper | Often | Sometimes |
| P — reconditioned | Refurbished, salvaged | Sometimes | Rarely |
| Z — salvage/used | Used, taken from another vehicle, cheapest | Often, for older cars | No |
⚠️ The law: Article 314 of the Polish Civil Code (Kodeks cywilny, KC) states that compensation should restore the damaged item to its previous condition. In theory, this supports the use of original parts. In practice, however, Polish case law is inconsistent — some rulings accept aftermarket parts, others require originals.
Practical tip: If your car is new or still under warranty, original parts are effectively non-negotiable. The older the car, the more room the insurer has to push for cheaper alternatives.
What the insurer's estimate should include
Under Poland's consumer-protection framework — chiefly the Act on the Protection of Competition and Consumers (Ustawa o ochronie konkurencji i konsumentów) — and established good practice, an estimate should include:
- A clear scope of works and parts, itemised with quantity and price.
- A labour rate appropriate to the garage carrying out the work.
- A justification for any aftermarket parts used instead of originals.
- Some input for the claimant in the choice of parts (at minimum, being informed).
What to do if the insurer undervalues your claim
Step 1: Check the estimate yourself
- Compare the Audatex labour rate against what your garage actually charges.
- Check parts pricing databases (e.g. InfoMoto, Ceneo, or the manufacturer's own site) to see what the parts proposed by the insurer really cost.
Step 2: Commission an independent estimate
If the gap is significant (above roughly 10–15% as a rule of thumb), it's worth commissioning a repair estimate from an independent vehicle assessor (a court-approved expert, biegły sądowy). This typically costs around 300–800 PLN, but it often pays for itself if the discrepancy is large.
Step 3: Submit a formal complaint to the insurer
Send a letter with your independent estimate attached, setting out the errors or undervaluation in the insurer's figures. The insurer should respond within roughly 14–30 days.
Step 4: Financial Ombudsman or court
If the insurer won't budge, you can: - File a complaint with the Financial Ombudsman (Rzecznik Finansowy — free of charge) — mediation sometimes moves the insurer. - Bring a claim to court for the shortfall, if the difference is substantial.
Frequently asked questions
Do I have to get my car repaired at a garage nominated by the insurer? No. You can use your own garage, but then the risk of an undervalued payout falls on you. If you want to use an authorised dealer (ASO), it's worth negotiating with the insurer beforehand to confirm they'll accept that route — some policies already provide for it.
Can I insist on original parts instead of aftermarket ones? ⚠️ In theory, yes — Article 314 KC requires restoration to the previous condition. In practice it depends on the age of the vehicle and how the relevant court has ruled. For newer cars, you have a stronger case. For older cars, the insurer is more likely to push back.
If the garage finds extra damage, will the insurer always cover it? Not always. If the damage is clearly visible, they generally should. If it "was hidden", a dispute is more likely. Safeguard: the initial inspection report should clearly record which parts of the vehicle could not be examined at the time.
How long does the insurer have to pay out or authorise the repair? As a general rule, 30 days from the claim being reported, provided liability isn't disputed. If there's a dispute over the scope of the damage, it can take longer.
Sources
- Article 314 of the Polish Civil Code — restoration of damage (OpenLEX):
- Act on the Protection of Competition and Consumers (uokik):
- Audatex vehicle-valuation systems:
- Eurotax vehicle-valuation systems:
- Polish Supreme Court — disputes over repair scope (SAOS):