Car Park Accidents in Poland: Who's Liable for the Damage?

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 park at a shopping centre, at work, or on a street-side car park in Poland — and when you get back to the car, there's damage. Someone hit you and drove off without leaving their details. Or you know who did it, but they won't admit fault because "it's only a car park." Many people assume a car park accident is treated differently from one on the road — that you can't claim compensation, or that the car park operator is automatically responsible. Both assumptions are wrong. Here's what your rights actually are, how to handle the situation, and who ends up footing the bill.

Collision with another vehicle in a car park — the other driver's OC insurance still applies

If you know who caused the damage (they stopped, or you saw them driving off), the law is straightforward: the at-fault driver is liable under Article 436 of the Polish Civil Code (Kodeks cywilny, KC), regardless of whether the incident happened in a car park or on the road.

The procedure is the same as for any road accident:

1. Collect the other driver's details (full name, PESEL number — the Polish national ID number — address, vehicle registration),
2. Photograph the damage (your door, the side of your car, etc.),
3. Notify the police if you can (some guarded car parks have staff who can help, or you can call),
4. Identify the other driver's insurer from the details they gave you,
5. File a claim with the at-fault driver's insurer, exactly as you would after a road accident.

The at-fault driver's insurer is obliged to pay out — being in a car park changes nothing about that.

Important: you need to be able to show that the incident happened at that specific car park and that the specific vehicle you've identified caused it. If you parked overnight and found the damage the next morning, this will be harder to prove — but not impossible, if there's CCTV footage or witnesses.

Damage caused by an unidentified vehicle — CCTV and witnesses

It gets harder when you return to your car and find damage but have no idea who caused it. In that situation:

Step 1: Look for CCTV footage

Most car parks — especially guarded ones and those at shopping centres — have CCTV. Contact the car park operator with something like:

Please could you provide access to CCTV footage from [date], approximately [time], covering [bay/section where the car was parked]. My vehicle was damaged and I need the footage for insurance purposes.

The operator should give you access to the footage (or a copy to submit to your insurer). If they refuse, you can report it to the police as suspected criminal damage or theft and ask for CCTV access through the police investigation.

Step 2: Look for witnesses

If anyone saw what happened (car park staff, another customer), getting their contact details is invaluable. Ideally, their details will end up in a police report, if the police attend.

Step 3: Report it to the police and your insurer

Even if you don't know who caused the damage, you can still report it to the police (as damage by an unidentified party) and notify your insurer. From there:

• If you have AC cover (autocasco — comprehensive/own-damage insurance) — your policy may cover the damage,
• If you don't have AC cover — you may be able to pursue the car park operator, though that route is harder (see below).

Is the car park operator liable for the damage?

This is a genuinely complicated question. The short answer: sometimes, and it depends.

Guarded car parks

If the car park is guarded (staffed entrance, CCTV, a perimeter fence), the operator has effectively taken on a duty to supervise and look after parked vehicles. That means they can potentially be held liable if:

• The damage was preventable (e.g. the car was parked in a supposedly safe spot, but the attendant wasn't paying attention),
• The operator didn't have reasonable security measures in place (CCTV, lighting, staff).

Even at a guarded car park, though, if the damage results from a collision with another vehicle, primary liability still sits with the at-fault driver (the vehicle's keeper), not the car park operator.

⚠️ Establishing the operator's liability for inadequate supervision is difficult to prove and typically requires a court claim.

Unguarded car parks

If the car park is unguarded (no staff, no CCTV, open access), the operator practically bears no liability for damage to your vehicle. This is because:

• They haven't taken on any duty of supervision,
• Free, open access doesn't imply any guarantee of your vehicle's safety,
• The risk of damage from another vehicle or vandalism sits with you.

Your only realistic options here are the at-fault driver's OC insurance (if you can identify them) or your own AC policy.

Private car parks (e.g. someone's private property)

If you're parked on someone's private land:

• If the damage came from a collision with another vehicle — the at-fault driver is liable, regardless of the land being private,
• If the damage results from a lack of proper safeguards on the property (e.g. an unsecured hazard or equipment left out) — the landowner may be liable, though again, this is hard to prove.

How to document a car park accident

If something happens to your car in a car park:

1. Take photographs — everything: the damage itself, where the car was parked, the surroundings, any car park signage, and visible CCTV cameras.

2. Note down the details: - The exact location (car park address, section, bay number if there is one), - The date and approximate time of the damage, - The conditions: whether the car park was lit, whether there was CCTV, whether there was a staffed entrance, - Whether you saw another vehicle involved (registration, colour, make).

3. Notify the relevant parties: - The police, if you want an official record for insurance purposes, - The car park operator, if you need CCTV access, - Your insurer (the at-fault driver's OC, if identified; or your own AC cover).

4. Chase down footage and witnesses — it's worth the effort to track down CCTV.

FAQ — frequently asked questions

Can I sue the car park operator if an unidentified driver damaged my car? In theory, yes, but in practice this is difficult, particularly at an unguarded car park. You should first try to identify the driver or report it to the police, and then pursue compensation through the at-fault driver's OC insurance or your own AC policy.

What if the car park operator says they "accept no liability for damage to vehicles"? A sign or a parking contract stating the operator accepts no liability doesn't automatically let them off the hook. If the damage results from inadequate supervision (for example, CCTV that wasn't actually working, despite being installed), you may still be able to pursue a claim.

Will the police actually attend a car park incident? Not necessarily for a "routine" case, but if you report the damage as criminal damage to property, they may attend. Sometimes, instead of sending an officer out, they'll take the report over the phone or send someone with a form later.

What can I do if the car park operator refuses to give me CCTV access? You can: - Report it to the police (they can request the CCTV as part of an investigation to find the culprit), - Submit a data access request under GDPR (RODO in Polish — the EU/Polish data protection regime) to the operator, if the footage contains personal data, - Take the operator to court and claim damages for the loss of your ability to identify the party responsible.

Does my AC cover apply to car park incidents? Usually, yes — if a collision with another vehicle is covered under your policy. Check the policy wording (third-party fire and theft vs comprehensive cover). Some policies do carry exclusions for car park incidents — it's rare, but it happens.

Are the limitation periods different for car park incidents? No — the same limitation periods apply (3 years for an ordinary property damage claim, under Article 442¹ KC). The clock starts running from the day you found out about the damage.