Replacement Car from the At-Fault Driver's Insurance in Poland: A Guide

Your car was damaged in an accident and is sitting in the garage for repairs. How are you supposed to get around in the meantime? The at-fault driver's OC insurer (OC, or ubezpieczenie odpowiedzialności cywilnej — Poland's compulsory third-party liability cover) must pay for a replacement vehicle — but only under certain conditions. Here's what applies to compensation for a replacement car.

Disclaimer: This guide is general legal information, not legal advice. How the rules apply depends on your insurance policy, the repair timeline, and the specific circumstances of your case. If you need advice, the matter should be assessed by a qualified Polish lawyer. Twoja Sprawa helps you organise the documents for that assessment.

When you're entitled to a replacement vehicle (car in repair or written off)

Article 444 §1 of the Polish Civil Code (Kodeks cywilny) lets you claim compensation for a replacement vehicle when:

1. Your car is being repaired — and you can't use it,
2. Your car is a total loss — and you're waiting for compensation or a new vehicle,
3. A replacement vehicle is genuinely necessary — for getting around and for work.

When does the insurer NOT have to pay for a replacement car?

• If you bought a brand-new car instead of waiting for the repair (unreasonably high expense),
• If your car was sitting in a garage anyway (courts sometimes rule there was no real need for a replacement vehicle if you had other means of transport),
• If the rental rate was excessive (a luxury vehicle instead of a standard one).

Class of the replacement vehicle: it must match your own

The key word here is "comparable."

The insurer must provide a vehicle of the same type and class as your damaged car.

Rule of thumb: The insurer can offer a cheaper vehicle (i.e. more economical) if it still does the job. But it cannot force you into a luxury car either.

What does the insurer actually reimburse?

The insurer reimburses your actual rental costs or a standard daily rate set out in the at-fault driver's OC policy (typically 60–150 PLN/day, depending on vehicle class).

⚠️ Often less than you actually paid. If you hired a car for 200 PLN/day but the insurer's policy caps the rate at 100 PLN/day, they will only pay 100 PLN/day.

How long the rental lasts: until the repair, purchase, or payout is done

Scenario 1: Repair in progress

The replacement vehicle is due from the day of the damage until the day you get your repaired car back.

Example timeline: 1. Accident — 1 January, 2. Car goes into the garage — 2 January, 3. Repair takes 2 months — finishes end of March, 4. Replacement vehicle: 1 January to 31 March (90 days).

Cost: 90 days × 100 PLN/day = 9,000 PLN.

Scenario 2: Car written off (total loss)

The replacement vehicle is due until: - You buy a new vehicle, OR - You receive the full compensation payout from the insurer.

Example timeline: 1. Accident — total loss, 2. Insurer assesses the car — valued at 40,000 PLN, 3. You wait for compensation — 2 months, 4. Replacement vehicle: for those 2 months, plus time to buy a new car (usually +30 days).

⚠️ Question: How many days is it "reasonable" to wait before buying a new car? Courts typically allow 30–60 days — you're expected to find and buy a replacement within that window.

Scenario 3: A vehicle provided on an open-ended basis

If the insurer arranged a replacement vehicle for you directly instead of you hiring one yourself, the rental cost must be covered until: - Your own car is repaired and collected, - Compensation is paid out (if it's a total loss), - The rental agreement ends (if one is in place).

What if the insurer refuses or cuts the number of days

Scenario: Insurer refuses a replacement vehicle

The insurer says: "We won't pay for a replacement vehicle — you could have just waited."

Your response: Send a letter explaining why a replacement vehicle is genuinely necessary — for example, for work or taking children to school. Article 444 of the Civil Code allows compensation for loss caused by the accident.

If the insurer still refuses → file a court claim. Courts almost always award a replacement vehicle if: 1. The car genuinely was being repaired, 2. The claimant genuinely needed transport, 3. The rental rate was reasonable.

Scenario: Insurer cuts the number of days

The insurer says: "The repair took 90 days, but we're only paying for 60. For the remaining 30 days you should have managed without a car."

The court will look at: - Was 60 days a reasonable timeframe for repairing that type of vehicle? - Did the garage work efficiently, or were there avoidable delays? - Did the claimant actually need the vehicle for the full 90 days?

Courts usually award the full repair period — if the repair genuinely took 90 days, the replacement vehicle is due for all 90 days.

Do I have to use the rental the insurer offers me?

Not always.

Scenario 1: The insurer offers you a vehicle

The insurer has contracts with rental firms and offers you a car through a partner provider (free or discounted).

What to do: If the vehicle is comparable, you can accept it — it's the quickest, simplest option.

Scenario 2: The vehicle offered isn't good enough

The vehicle offered is a wreck, has no air conditioning, or is a completely different class from your own.

Your right to refuse: You can decline and hire a car at your own expense — but you'll need to show your choice was reasonable (not a luxury upgrade).

Procedure: 1. Send a letter to the insurer: "The vehicle you're proposing does not meet the required standard. I am hiring a comparable vehicle at my own cost. Documents enclosed." 2. Hire a vehicle on reasonable terms — keep the invoice to send to the insurer, 3. The insurer must pay, provided the rate was reasonable.

⚠️ Risk: If the insurer decides you hired a vehicle that was too expensive, they may only pay the average market rate.

If you don't have comprehensive cover (AC / autocasco)

If you don't have AC (autocasco — Poland's optional comprehensive/collision cover) but the at-fault driver has OC — their OC policy still covers your replacement vehicle.

Procedure: 1. Notify the at-fault driver's insurer, 2. Request a replacement vehicle (it makes no difference that you don't have AC yourself), 3. The at-fault driver's insurer must pay.

The difference: with your own AC policy you can usually get a replacement vehicle quickly and automatically; claiming against the at-fault driver's OC means you have to negotiate.

Fuel, tolls, and insurance on the replacement vehicle

⚠️ Important: Before hiring a replacement vehicle, check the rental agreement carefully to see who is responsible for what.

Procedure for requesting a replacement vehicle

Step 1: Notify the insurer

Send a letter setting out: - A description of the accident (date, location, vehicles involved), - That your car is in the garage — from date X to (expected) date Y, - Your request for a replacement vehicle — of a comparable class and type, - Or: That you are hiring a vehicle at your own cost — with documents enclosed.

Step 2: Wait for a response

The insurer typically responds within 7–14 days, either offering a vehicle from their network or agreeing to reimburse an invoice.

Step 3: Hire the vehicle

1. If the insurer offers a vehicle — collect it from their partner provider,
2. If you hire it yourself — choose a rental firm, pay, and keep all invoices,
3. If you can't reach agreement — file a court claim.

Step 4: Keep a record of rental days

This is important: - First day of the rental — from when your car became unavailable (the accident date), - Last day of the rental — until the vehicle was no longer needed (repair completion or purchase of a new car), - Documents — rental agreement, invoices, receipts.

FAQ

Does the replacement vehicle have to be brand new? No, but it must be roadworthy and safe. The insurer can offer a car that's 2–3 years old rather than the latest model — that's normal. It should not, however, be a barely-functioning wreck.

What's the maximum number of days I can hire a replacement vehicle from the at-fault driver's OC insurer? Until your car is repaired and returned, OR until you receive compensation and buy a replacement. Courts typically award the full repair period, plus 30–60 days to buy a new car (if it's a total loss).

What if I hire a more expensive vehicle and the insurer pays less? The insurer will pay the standard rate set out in the OC policy (typically 60–150 PLN/day). Any difference (say, if you hired a car for 200 PLN/day) comes out of your own pocket. It's better to look for a vehicle at a reasonable price.

Can I use a taxi or ride-hailing app instead of a car? In theory you could try, but the insurer will most likely reject this as unreasonable. A replacement vehicle claim covers longer-term car hire, not ride-hailing trips. It's better to hire a car from a rental firm.

What if the replacement vehicle is used by several people (my family)? That's normal — a replacement vehicle serves you and your household. But the rental rate should be proportionate to actual usage. If your family didn't need the car every single day, the insurer may ask for a reduced rate.

Can I hire a vehicle with unlimited mileage? Yes, but unlimited-mileage rentals usually come with a higher daily rate. The insurer may offer a vehicle with a mileage cap (e.g. 100 km/day) — this is something to negotiate with them.

Links and resources

• Rzecznik Finansowy (Polish Financial Ombudsman): https://rf.gov.pl — procedures for dealing with insurers (in Polish),
• Common courts portal: https://www.ms.gov.pl — courts and procedures (in Polish),
• Polish Civil Code (Kodeks cywilny): https://isap.sejm.gov.pl — Article 444 (in Polish).

Summary

A replacement vehicle is a form of compensation available under Article 444 of the Polish Civil Code, when your car is being repaired or has been written off.

Key points: 1. The vehicle must be comparable — the same class as your damaged car, 2. The rental rate must be reasonable — typically 60–150 PLN/day, 3. Duration of the hire — until the repair is finished, a replacement is bought, or compensation is paid, 4. Documentation matters — invoices, rental agreements, garage confirmations.

If the insurer refuses to provide a replacement vehicle, don't give up — the law is on your side. A court claim almost always results in the compensation being awarded.

Final disclaimer: This material is for general education. If the dispute involves significant sums (for example, a replacement vehicle needed for several months), consider consulting a Polish lawyer.

Last verified: 27 June 2026.