Compensation for damage and harm after an accident – first steps

Published: November 2026 · Advocate Krzysztof Tomaszek

After a road accident, health and safety come first. Once the initial stress has passed, a few steps can make it easier to pursue claims later.

At the scene

• make sure everyone is safe and gets medical help; if anyone is injured, call the emergency services and the Police,
• write down the details of those involved, the vehicle registration number and the at-fault driver’s motor liability (OC) insurance,
• note witnesses’ details and take photos of the scene and the damage,
• if the at-fault driver had no OC insurance or cannot be identified, claims can generally be directed to the Insurance Guarantee Fund (UFG).

Records of treatment and costs

Keep the medical records from every visit, treatment and rehabilitation session, as well as receipts for medicines, medical equipment and travel. Keep documents showing any lost earnings. These are the basis for proving the amount of your claims.

Damages vs. compensation for harm

Damages (odszkodowanie) cover financial loss, e.g. medical costs, lost income or vehicle repairs. Compensation for harm (zadośćuczynienie) is a payment for non-financial harm – the pain and suffering experienced. Both are based on the Polish Civil Code. Depending on the consequences of the accident, other benefits such as an annuity may also be relevant.

Notifying the insurer

In road accidents, claims are usually made against the at-fault driver’s OC insurer. Under the Compulsory Insurance Act, the insurer should generally pay within 30 days of the claim being reported or, where the circumstances cannot be clarified in that time, later – as a rule within 90 days. The insurer’s decision can be challenged by a complaint, with the help of the Financial Ombudsman (Rzecznik Finansowy), or in court. Before signing a settlement, check whether it waives any further claims.

Limitation periods

A claim for damage caused by a tort generally becomes time-barred 3 years from the day the injured party learned (or, exercising due care, could have learned) of the damage and the person liable. If the damage resulted from a criminal offence, the period is 20 years from the offence. Special rules apply to personal injury and to minors. Reporting the claim to the insurer interrupts the limitation period for the claim against the insurer.