Car Accident in Poland: A Step-by-Step Guide

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

Been in a car accident in Poland? Whether you were the driver, a passenger, or a pedestrian, what you do in the first few minutes matters. Securing the scene properly, gathering the at-fault driver's details, notifying the police, and reporting the claim to the insurer can all make the difference to how your compensation claim turns out. Below we explain what to do straight after a crash, how the claims process with the at-fault driver's OC (third-party liability) insurer works, and what documents you'll need at each stage. If you live in the UK or elsewhere abroad, you can run the whole case remotely — all you need is a power of attorney for a Polish lawyer.

The first hours after the accident: securing evidence

What you do in the first minutes and hours after a crash can make or break your case. Here's what to prioritise.

1. Safety at the scene. If you can do so safely: - switch on your hazard lights and place a warning triangle at a safe distance, - if anyone is injured, call 112 immediately (the Polish emergency number), - try not to move the vehicles until the police allow it — moving them can destroy evidence.

2. The other driver's and witnesses' details. Collect: - the other driver's full name, address and phone number, - their vehicle registration number, - their OC policy number if they're willing to share it (they're not legally obliged to on the spot, but should disclose it when the police attend), - the names and phone numbers of anyone who witnessed the accident.

3. Photos and documentation. - photograph the scene from several angles — road layout, damage, signage, lighting, - photograph your own vehicle, capturing every visible mark of damage, - if you were injured, photograph visible injuries where it's safe and appropriate to do so, - note the exact time, location, weather conditions, and whether it was dark.

Note: write yourself a short account of what happened within a few hours of the accident, while the details are still fresh — this note can carry real evidential weight later on.

Do you always have to call the police?

Polish law distinguishes between a wypadek (an accident involving personal injury, however minor) and a kolizja (a collision causing only vehicle damage, with no injuries). ⚠️ The rules on when police attendance is compulsory can vary by region and by the nature of the incident — as a rule of thumb, the police should be notified of every accident, since injuries can sometimes only become apparent later.

If anyone is injured, call 112 straight away — the ambulance crew will assess the injured party, and the incident will also be formally logged.

For a straightforward collision with no injuries, it's sometimes possible to agree with the other driver to complete a European Accident Statement instead of calling the police — but only if both drivers agree and both vehicles are roadworthy. If there's any doubt at all — a sore neck, a headache that appears later — it's safer to call the police anyway. That saves you an argument down the line about whether the accident really was as "minor" as the other side claims.

Reporting the claim to the at-fault driver's OC insurer

Once everyone injured has received help and the scene is secured, it's time to contact the insurer. The at-fault driver's OC (compulsory third-party liability) insurer is obliged to pay compensation where the other driver is at fault for the accident.

What you'll need:

• the at-fault driver's OC policy number (from the police report or given directly at the scene),
• the police incident report and case number, if the police attended,
• your own contact details, and VAT details if you're submitting an invoice for vehicle repairs,
• your vehicle documents (registration document, OC/AC — comprehensive — insurance),
• photographs of the damage,
• if you were injured, an initial description of your injuries.

How to report the claim: 1. Identify the at-fault driver's insurer (usually one of the major Polish insurers — Allianz, Generali, PZU, AXA and others), 2. Call the insurer's claims line or send an email describing what happened, 3. The insurer will allocate a claim reference number and keep you updated as the claim progresses.

Deadline for payment. Under Article 14 of the Polish Act on Compulsory Insurance, the insurer has 30 days from the date the claim is reported to pay out, provided the claim is undisputed (both sides agree on fault and on the amount claimed). If further investigation is needed — a vehicle assessment, a medical opinion, gathering case files — the deadline can be extended, but the insurer must justify this in writing.

Types of claim: financial loss and non-financial harm

A road accident can give rise to several types of claim against the at-fault driver's OC insurer:

Compensation for financial loss (Article 444 of the Polish Civil Code): - vehicle repair costs, or the vehicle's value if it's written off, - the cost of hiring a replacement car while yours is being repaired, - medical treatment, rehabilitation, medication and orthopaedic equipment costs, - the cost of care from a third party if you were temporarily unable to look after yourself, - lost earnings for time off work due to your injuries, - an ongoing pension-style payment (renta) if the accident left you permanently unable to work.

Compensation for non-financial harm (Article 445 of the Polish Civil Code — zadośćuczynienie, a solatium-style award): - an amount for pain, suffering and the ordeal of treatment, - an amount for any permanent impairment (scarring, lasting limitations, everyday restrictions), - the impact of the accident on your working and personal life.

⚠️ There's no fixed scale for this non-financial award — a court sets the amount individually, taking all the circumstances of the case into account. There are no set figures, which is exactly why thorough medical documentation matters so much.

What to do if the insurer's offer is too low

If the insurer's offer falls short of what you think is fair, you don't have to accept it straight away. You can:

1. Submit a written appeal to the insurer explaining why you consider the amount insufficient (you typically have 14–30 days from being notified of the decision to do this),
2. Propose an independent assessment — if there's a significant gap between valuations, you can request an independent vehicle inspection,
3. Refer the matter to the Financial Ombudsman (Rzecznik Finansowy) — free mediation, if the insurer won't budge,
4. Bring a court claim — the last resort, if mediation gets you nowhere.

For more on pushing back against a low offer, see our article When an Insurer Refuses to Pay Compensation: What to Do.

Running the case remotely from abroad

If you live in the UK or elsewhere, you don't need to travel to Poland to pursue compensation. The whole case can be run remotely:

1. Power of attorney. You grant a power of attorney to a lawyer in Poland — you sign the document in the UK and send it by post or electronically.
2. Documentation. Scans of the key paperwork (the police report, the other driver's and their insurer's details, invoices, medical records) are enough to get started.
3. Representation. Your representative handles the claim with the insurer, and any mediation or court proceedings, on your behalf.
4. Payment. The compensation is paid into your UK bank account.

The question is how to find a lawyer you can trust. Platforms such as Twoja Sprawa match UK/Polish clients with the right lawyer in Poland for their type of case, and support the whole process remotely.

Frequently Asked Questions

Do I have to report the accident to the police if both drivers agree on what happened? If there were any injuries, yes — the police should be notified. For a straightforward collision with no injuries, it's sometimes possible to skip the police if both drivers agree, but that's a risk if injuries surface later that weren't obvious at the time. It's safer to call the police, especially if anyone felt any pain at all.

How long do I have to report the claim to the insurer? There's no fixed statutory deadline for reporting a claim, but the sooner you report it, the better — evidence and witnesses' memories are fresher. In practice, reporting within a few days to a week of the accident is standard. Waiting months can be used by the insurer as an argument that evidence is no longer available.

Can I negotiate with the insurer myself, or do I need a lawyer? You can handle it yourself — insurers deal with claims directly. But if you're running the case remotely from the UK (or elsewhere), it's more practical to have a representative in Poland to deal with the paperwork on the ground and receive correspondence.

What if the other driver's account of the accident differs from mine? Where fault is disputed, the insurer may order a vehicle assessment, interview witnesses, or review the police report. If the evidence points to you being at fault, the insurer may refuse the claim — in which case you can appeal to the Financial Ombudsman or bring a court claim.