Drunk Driver Caused Your Crash in Poland? Does It Mean Higher Compensation?

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.

Being hit by a drunk driver is a particularly painful experience — both emotionally and physically. Many people ask themselves the same question: does the fact that the at-fault driver was drunk change how much compensation you receive? Can you claim more if there's evidence of alcohol? The answer is nuanced. On one hand, the insurer is required to compensate you regardless of whether the at-fault driver was sober or drunk — this follows from Article 436 of the Polish Civil Code (Kodeks cywilny, KC), which sets out strict (no-fault) liability for the risk created by operating a vehicle. On the other hand, the fact that the driver was under the influence of alcohol can affect the amount of non-pecuniary damages and opens the door for the insurer to pursue a recourse claim against the at-fault driver. Here's how it works.

The key rule: the insurer must pay you regardless of the at-fault driver's sobriety

This is the single most important thing to know: the at-fault driver's motor (OC) insurer is obliged to pay out compensation, regardless of whether the driver was under the influence of alcohol, drugs, or any other psychoactive substance.

Article 436 § 1 KC states:

The keeper of a motor vehicle is obliged to make good damage caused in connection with the use of the vehicle, even where the person responsible was not at fault.

In practice this means strict liability for risk. The insurer cannot refuse to pay by pointing to the driver's drunkenness and arguing "that's his fault for drinking". If anything, the driver's intoxication can work in your favour.

So if an insurer tells you "because the other driver was drunk, we won't cover this" — that is a misreading of the law. Appeal the decision.

Does the at-fault driver's alcohol level affect the amount of non-pecuniary damages?

The amount of non-pecuniary damages (zadośćuczynienie — a monetary award for pain and suffering, under Article 445 KC) is not set by a fixed table. It depends on the full circumstances of the case. A Polish court will take into account:

• The extent and permanence of the injury,
• The intensity of the suffering,
• The impact on everyday life, work, and family.

⚠️ The fact that the driver was drunk can be an aggravating factor (making the at-fault driver's conduct look worse), but it doesn't automatically translate into a directly higher award for you.

A court may factor in the driver's intoxication in these ways:

• As part of the fault assessment — a drunk driver's breach of traffic rules is more flagrant, which can influence how the court characterises their conduct,
• As grounds for a recourse claim — the court may be more inclined to uphold the insurer's recourse claim against the driver (see below),
• As part of the victim's psychological suffering — if the crash was particularly violent or happened at high speed, the court may find that the victim suffered greater distress.

But this won't mean an extra fixed sum "per unit of blood alcohol".

Article 43 of the Compulsory Insurance Act — the insurer's recourse claim against the at-fault driver

This is where the at-fault driver's intoxication really matters. Under Article 43 of the Act on Compulsory Insurance (ustawa o ubezpieczeniach obowiązkowych), the insurer can seek reimbursement (a recourse claim, regres) of the compensation it paid out, from the at-fault driver, if that driver was operating the vehicle:

• under the influence of alcohol, drugs, or other psychoactive substances,
• in a state found to make them unfit to drive.

In practice, this means:

The insurer must still pay you promptly (within 30 days), but it can then sue the drunk driver to recover that money. This significantly increases the at-fault driver's financial exposure — they are liable to you, and may also have to reimburse the insurer.

⚠️ This works in your favour — an insurer is less inclined to lowball your claim when it knows it can recover the payout from the driver afterwards. Somewhat paradoxically, this can make negotiations easier for you.

Criminal consequences for the drunk driver (Article 177 of the Criminal Code)

Separately from the compensation question, a drunk driver who causes a crash resulting in injury can also face criminal charges. Article 177 of the Polish Criminal Code (Kodeks karny, KK) provides:

A person who drives a motor vehicle while intoxicated [...] and thereby causes injury to another person is liable to imprisonment from 3 months to 5 years.

For serious injuries (a broken limb, a fractured skull, or death), the sentencing range is even higher. This, however, is a criminal matter — handled by the police, the prosecutor's office, and the criminal courts — and runs separately from your civil claim.

Does a criminal conviction affect your civil compensation claim?

Yes, indirectly: - A criminal conviction confirming the driver was intoxicated serves as evidence in your civil case, - It makes it easier to pursue a civil claim (since the driver's fault has already been established), - The civil court may apply Article 4421 § 2 KC (a 20-year limitation period instead of the usual 3 years) if it finds that the event amounted to a criminal offence.

FAQ — frequently asked questions

Can the insurer refuse to pay if the at-fault driver was drunk? No — Article 436 KC obliges the insurer to pay regardless of the driver's sobriety. If they try to refuse on the grounds of alcohol, you can appeal the decision.

Will I get higher compensation if the other driver was drunk? Not necessarily higher — but the fact of intoxication can be an aggravating factor when assessing non-pecuniary damages, and it opens the door for the insurer's recourse claim against the driver (which improves your negotiating position).

What about the insurer's recourse claim against the drunk driver? After paying you, the insurer can sue the drunk driver to recover the money (Article 43 of the Compulsory Insurance Act). This is good for you — the insurer is less likely to lowball you, knowing it can recover the sum from the driver.

Can I still be found partly at fault if the other party was drunk? Yes — your own contribution to the accident is assessed independently of the other driver's alcohol level. If you also acted wrongly (for example, overtaking on a solid white line), you could be found partly liable.

Does the drunk driver's criminal conviction affect my civil claim? Yes — a criminal court's finding that the driver was intoxicated serves as evidence in the civil case and makes your claim easier to pursue.

What limitation period applies if the at-fault driver was drunk? If the crash caused injury, the limitation period is 20 years (Article 4421 § 2 KC), because driving under the influence, where it causes injury, qualifies as a criminal offence (Article 177 KK).

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Legal notice: This material is provided for general information purposes only and does not constitute legal advice. Legal position as of June 2026. Every case is different — before making any decisions, consult an adwokat or radca prawny (Polish qualified lawyers). Twoja Sprawa is a platform connecting clients with lawyers in Poland.