The holiday season is a time when Poles most often travel by car across Europe – on vacation to Croatia, Italy, or Greece. However, a growing number of Polish drivers are involved in road accidents abroad, including during business trips. With increased traffic, the number of accidents involving cars registered in different countries is also increasing. The situation is further complicated when the perpetrator is a foreigner and the incident itself occurred outside of Poland. Fortunately, thanks to EU regulations and efficient national mechanisms, injured parties are not left to their own devices – they can pursue their rights in their own country, significantly simplifying the entire procedure and avoiding the need to conduct a case in a foreign language before foreign institutions.
First step
Immediately after an accident, it's worth making every effort to gather information that will identify the perpetrator and their insurer – the license plate number, make and model of the perpetrator's vehicle, the name of the foreign insurance company, and the third-party liability insurance policy number, if possible, as well as the driver's personal information, such as name, surname, and address. It's also essential to secure documentation of the incident itself – a statement about the circumstances of the accident written jointly with the perpetrator, preferably on an international form understandable in various languages, or a note or report prepared by the local police. It's worth remembering that in many European Union countries, the vehicle registration number alone is sufficient to determine the insurer responsible for the damage, which significantly simplifies initial investigations. If injuries occur, it's also essential to seek medical attention on site and retain all medical records, which will later be used to calculate compensation and damages.
Simplified claims settlement system in the European Union
The greatest convenience for Polish residents injured in accidents within the European Economic Area is the mechanism introduced by EU motor vehicle directives, implemented into Polish law. This mechanism allows for claims to be pursued in Poland according to Polish procedural rules, although the amount of compensation and the basis for the at-fault party's liability are always determined under the law of the country where the incident occurred. This solution relies on the institution of a claims representative – every foreign insurer offering compulsory third-party liability insurance in EEA countries must appoint such a representative in every other member state, including Poland. A representative operating in Poland is authorized to receive claims and conduct the entire claims settlement process on behalf of the foreign insurer, in Polish. This allows the injured party to submit their claim directly to this representative, avoiding the need to conduct correspondence and legal disputes in a foreign language and according to foreign procedures. It is worth knowing that the representative has three months by law to respond to the submitted claim, and information about who performs this function for a specific insurer can be obtained from the Polish Motor Insurers' Bureau.
When the insurer cannot be identified – the role of PBUK
It may be impossible to identify the foreign insurer of the at-fault driver, or, despite being identified, the insurer has not appointed a representative in Poland. In such a situation, the injured party can seek assistance from the Polish Motor Insurers' Bureau, which serves as a compensation authority. This means that if a representative of the foreign insurer fails to fulfill its obligations or is not appointed at all, the PBUK takes over the case and handles its settlement independently, then settles the claim with the appropriate foreign entity. This institution is also responsible for providing information about foreign insurance companies and their Polish representatives, so it is often the first port of call when the injured party is unsure how to identify the at-fault driver's insurer.
When the perpetrator is uninsured or unknown – the role of the foreign guarantee fund and PBUK
It may also happen that the person responsible for an accident abroad is uninsured or cannot be identified, for example, if someone flees the scene of the accident. In such cases, the Polish injured party will not receive a direct payment from the national Insurance Guarantee Fund (UFG), as it protects victims of accidents occurring exclusively in Poland. The guarantee institution of the country where the accident occurred is ultimately responsible for the damage. In this situation, the injured party has two options: they can pursue claims directly with the guarantee fund in the country of the accident or use the domestic procedure through the Polish Motor Insurers' Bureau (PBUK). Acting as a compensation body, PBUK not only mediates the case but also independently settles the claim and pays the injured party the due funds. It then settles the claim with the relevant foreign entity.
What can you get as compensation?
The scope of claims available to injured parties includes a catalogue of benefits similar to those found in domestic claims settlement proceedings. This includes reimbursement of vehicle repair costs or its value in the event of a total loss, reimbursement of medical and rehabilitation costs, compensation for harm and suffering, and, in more serious cases, compensation for lost earnings or deterioration of one's living situation.
Claiming compensation for a road accident abroad involving a foreigner is a complex procedure, but fully feasible thanks to consistent EU regulations. It's crucial to gather as much detailed documentation as possible at the scene of the accident and to utilize a claims representative operating in Poland, which allows for the entire case to be handled in Polish without the need to travel abroad. Should difficulties arise in identifying the responsible parties or if the proceedings are protracted, the injured party can count on support from specialized domestic institutions, primarily the Polish Motor Insurers' Bureau.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of July 8, 2026.
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