Compensation for Passengers After a Car Accident in Poland — Whose Insurance Pays?

You were a passenger when a car accident happened. You weren't driving, you didn't decide when to overtake or how fast to go — yet you came out of it with injuries, pain, and medical bills. Compensation for passengers after a car accident is one of the strongest positions in Polish personal injury law, because a passenger is usually not at fault for the collision itself. In practice, the tricky question is different: whose insurance do you claim against, especially when it turns out the driver you were travelling with caused the crash? Below we explain how this works across three typical scenarios and what a passenger may be entitled to.

Disclaimer: This guide is general legal information, not legal advice. How the rules apply depends on your individual circumstances. If you need advice or representation, the matter should be assessed by a qualified Polish lawyer. Twoja Sprawa helps you organise the documents for that assessment.

Why a passenger is in a strong legal position

A passenger sitting in a car does not control the vehicle and is not responsible for what happens on the road. They don't brake, they don't steer, they don't judge the distance to another car. This is a fundamental difference compared with the drivers of both vehicles involved, who can end up blaming each other for the collision.

Under Polish law, the liability of a motor vehicle's keeper towards third parties (and a passenger, as long as they are not driving, counts as a third party in relation to the vehicle's movement) is based on strict liability — Article 436 § 1 in conjunction with Article 435 of the Polish Civil Code (Kodeks cywilny). In practice, this means there is no need to prove any particular driver's fault — it is enough to show that the damage arose in connection with the vehicle's movement. That is a much more straightforward route than a dispute between two drivers over who was to blame.

In concrete terms, for a passenger this means: - You don't have to establish "who was really at fault" in a collision between two cars — it is enough that you were a passenger in a vehicle involved in the accident, - Your claim is generally independent of any dispute over fault between the drivers of the two vehicles, - Even if the driver of the car you were travelling in turns out to be at fault, you still have a route to make a claim (see Scenario 2 below).

⚠️ Exception to remember: if the passenger themselves contributed to the extent of the injury (for example, by not wearing a seatbelt), the court can take this into account when assessing the level of compensation — more on this later in the article.

Whose insurance does a passenger claim against — three scenarios

This is the key practical question. The answer depends on who caused the accident.

Scenario 1: The other vehicle's driver is at fault

This is the simplest situation. You were a passenger, and the driver of the other car is found to be at fault (for example, they failed to give way or went through a red light).

In this case: the passenger claims against the at-fault driver's motor insurance (OC — the Polish compulsory third-party liability policy) — that is, the insurance policy of the driver who caused the accident. Under Article 19(1) of the Polish Act on Compulsory Insurance (ustawa o ubezpieczeniach obowiązkowych), an injured party is entitled to claim compensation directly from the at-fault driver's insurer, without first having to sue the driver personally.

Scenario 2: The driver of the car the passenger was travelling in is at fault

This is the situation that most often raises doubts — and it's where a passenger's position is particularly strong. If it was the driver of "your own" car who caused the accident (for example, they lost control of the vehicle, drove into a tree, or failed to adjust their speed to the conditions), the passenger can still claim against that same driver's OC insurance — even though it is "their" driver they were travelling with.

Why is this possible? OC (compulsory motor liability) insurance protects third parties injured by the vehicle's movement — and a passenger who was not driving and had no influence over the cause of the accident is exactly such a third party in relation to the driver's liability. The fact that the passenger was travelling in the same car as the at-fault driver does not exclude them from being entitled to compensation under that vehicle's OC policy.

In practice: - The driver fell asleep at the wheel and drove into a ditch, injuring the passenger → the passenger claims against the OC insurance of the driver (the keeper/holder of the vehicle they were travelling in), - The driver lost control on a slippery road and hit a crash barrier → the same applies — a claim against that driver's OC insurance, - Exception: if the passenger is a joint owner of the vehicle and was also the driver at the time of the accident, that is a different situation (the at-fault party cannot at the same time be a claimant under their own OC policy).

Scenario 3: A collision between two vehicles — joint and several liability

When two (or more) vehicles collide and it isn't immediately clear which driver was at fault — or both contributed to some extent — a passenger in one of the vehicles does not have to wait for a court to resolve the dispute over fault between the drivers.

In such a situation, the liability of both vehicle keepers towards the passenger (as a third party) can take the form of joint and several liability (odpowiedzialność in solidum) — meaning the passenger can direct their claim to the insurer of either vehicle involved in the incident, while the final settlement of fault and the split of liability between the insurers is worked out between the insurers themselves (via recovery/subrogation).

What compensation an injured passenger may be entitled to

The scope of a passenger's claims does not in principle differ from that of other people injured in a road traffic accident. The main entitlements are:

You can read more about the factors affecting the level of general damages in How to obtain compensation for pain and suffering after an accident. A detailed list of medical expenses to document can be found in Treatment and rehabilitation costs from the at-fault party's insurer — what you can recover. If the accident has left a lasting mark on your health (a scar, loss of an organ's function), see also Permanent health impairment after an accident — how it's assessed and what you're entitled to.

Important: the fact that a passenger bears no fault for the accident does not automatically mean higher amounts — the level of each entitlement is assessed by the court based on the circumstances of the specific case (the extent of the injuries, length of treatment, age of the injured person, medical documentation). A passenger's lack of fault primarily affects whether a claim can be made at all and against whose OC policy — not the amount awarded automatically.

A child as a passenger — a special situation

Where the injured passenger is a child, there are several additional practical aspects:

• A child is never at fault for the route chosen, the speed, or the driver's manoeuvres — their claim is independent of who was driving, even if it was the child's own parent who was the driver and the at-fault party.
• A claim on behalf of a minor is usually submitted by a parent or legal guardian, acting as the child's statutory representative in dealings with the insurer.
• The time limit for bringing a claim is extended. Under Article 4421 of the Civil Code, the limitation period for a minor's claim for personal injury cannot expire earlier than 2 years after the minor reaches the age of majority (18) — even if the general limitation period counted from the date of the accident would otherwise already have run out.
• The scope of entitlements is the same as for an adult passenger (general damages, treatment costs, and, in the case of lasting effects, an ongoing pension), but the court takes the child's age into account when assessing the extent of the harm and its long-term consequences.

Contributory negligence by the passenger — when compensation can be reduced

Although a passenger is usually not responsible for the cause of an accident, Polish law recognises situations where the passenger's own conduct can affect the amount of compensation awarded. Under Article 362 of the Civil Code, if the injured party contributed to causing or increasing the damage, the obligation to compensate them is reduced accordingly.

Typical situations where an insurer may raise the issue of a passenger's contributory negligence: - Not wearing a seatbelt — if it can be shown that the injuries would have been less severe, or would not have occurred at all, had the seatbelt been worn, - Knowingly travelling with a driver under the influence of alcohol or other substances — if the passenger knew about the driver's condition when getting into the car, - Knowingly remaining in the vehicle in obviously dangerous conditions (for example, a severely overloaded vehicle, or knowledge of a technical fault affecting safety).

It is worth stressing: simply being a passenger with a driver who later turns out to have been at fault for the accident is not, by itself, contributory negligence — a passenger generally has no way of knowing in advance that the driver will make an error behind the wheel.

Pursuing a claim remotely while living in the UK

Many Poles living in the UK end up as injured passengers in accidents that happened while they were in Poland — for example, during a family visit or holiday. Pursuing a claim from a distance is possible and, in practice, fairly common:

1. Reporting the claim to the insurer can usually be done by phone, by email, or through an online form — being physically present in Poland is not necessary.
2. Medical documentation (certificates, test results, treatment invoices) can also be gathered from treatment continued in the UK after returning home — it's worth keeping both translations and originals.
3. A power of attorney for a Polish advocate or legal counsel (adwokat or radca prawny) allows the case to be run without needing to appear in person at every stage — the appointed lawyer represents the injured person before the insurer and, if the case goes to court, before the court itself.
4. Settlements and correspondence can be handled entirely by email, which matters given the time difference and distance.

This is exactly the kind of case — an accident in Poland, an injured party living in the UK — that Twoja Sprawa handles: we help organise the documentation and connect the injured person with the right advocate or legal counsel in Poland.

FAQ

Can a passenger claim compensation if the driver they were travelling with was at fault? Yes. OC (compulsory motor) insurance protects third parties injured by a vehicle's movement, and a passenger who was not driving is such a third party — even in relation to "their own" driver. The claim is then made against that driver's OC insurer.

Do I have to wait for a court to decide which of two drivers was at fault for a collision? Not always. As a passenger, in many situations you can submit a claim to the insurer of either vehicle involved in the incident — the final split of fault between the drivers is usually settled between their insurers.

Does not wearing a seatbelt mean I won't get any compensation? Not automatically — but it can reduce the amount of compensation if it's shown that the lack of a seatbelt increased the extent of the injuries (Article 362 of the Civil Code). This is assessed on the circumstances of each case — there is no fixed percentage rule.

How much time does a passenger have to bring a claim after an accident? As a general rule, claims arising from a tort become time-barred 3 years from the date the injured person learned of the damage and of the person liable to make it good (Article 4421 § 1 of the Civil Code), and where the damage results from a crime, 20 years from the date the act was committed. The exact time limit in a specific case (particularly where injuries only become apparent later) is worth verifying with a lawyer.

Can I run a case like this while living permanently in the UK? Yes. Reporting the claim, gathering medical documentation, and granting power of attorney to a Polish advocate or legal counsel can all be done remotely — without needing to attend in person at every stage of proceedings.

Legal basis and sources

• Polish Civil Code (Kodeks cywilny) — Articles 435, 436 (strict liability of a vehicle keeper), 444 (compensation for treatment costs and lost income), 444 § 2 (ongoing pension), 445 (general damages for pain and suffering), 362 (contributory negligence), 4421 (limitation of tort claims) — https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU19640160093