Every motor vehicle owner is required to have valid third-party liability insurance (OC). It is mandatory insurance, which should be purchased no later than the date of vehicle registration. In theory, the lack of it deprives the vehicle of its right to participate in road traffic. In practice, not everyone complies. According to estimates by the Insurance Guarantee Fund (UFG), approximately 250,000 vehicles, or about 1 percent of all registered vehicles, drive on Polish roads without mandatory insurance. Therefore, there is a real chance that the person responsible for the accident you were involved in is one of them.
What is third party liability insurance and what does it involve?
Third-party liability insurance (OC) is mandatory for all motor vehicle owners. It protects against the financial consequences of damage caused to others in an accident or collision—the costs are covered by the at-fault party's insurer. The injured party doesn't have to worry about whether the perpetrator has the money to pay compensation, as the insurance company pays the funds. The policyholder doesn't pay for the damages out of pocket. The exceptions are extreme situations, such as driving under the influence or fleeing the scene of an accident—in such cases, the insurer compensates the injured party without any restrictions, but then, through recourse, demands repayment of the amount paid from the perpetrator.
Who pays when the perpetrator does not have third party liability insurance?
The lack of insurance on the part of the at-fault driver does not prevent you from receiving compensation. In such situations, the burden of paying compensation and redress is assumed by the Insurance Guarantee Fund (UFG). Damage caused by an uninsured vehicle owner should be reported through any insurer offering third-party liability insurance. The insurer is legally obligated to conduct the claims settlement process and forward the case to the UFG. If you have your own comprehensive liability insurance (AC), the property damage settlement (vehicle repairs) will primarily be covered by your policy. However, the UFG will cover the costs associated with the loss of comprehensive liability discounts and any excess. After the funds are paid, the UFG files a claim against the at-fault driver for reimbursement of the full amount. Therefore, a driver without third-party liability insurance will pay for all damages from their own property. Before reporting a claim, it's worth verifying whether the at-fault driver's vehicle was insured. Simply visit the Insurance Guarantee Fund website and enter the vehicle's registration number or VIN. The system will show the company with which the third-party liability insurance policy was taken out and for what period. This allows you to quickly determine whether the case will be sent to a regular insurer or directly to the UFG, and avoid unnecessary delays in reporting.
Driving without valid insurance not only risks paying for damages out of pocket, but also a financial penalty imposed by the Insurance Guarantee Fund (UFG), regardless of whether an accident occurs. The amount depends on the vehicle type and the length of the period without coverage—the longer the break, the higher the penalty. UFG constantly verifies policy databases and identifies vehicle owners who have failed to meet their insurance obligations. In practice, this means that even a short break or lack of third-party liability insurance can result in severe financial consequences.
Although regulations clearly define the role of the UFG, the process of pursuing claims in practice can be complex and lengthy. Insurance companies and the Fund often seek to minimize the amounts paid. The assistance of an experienced legal advisor or attorney will ensure your interests are fully protected.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of August 25 , 2026
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