
The dynamic nature of motor vehicle damage
Does selling a damaged vehicle mean losing the right to compensation for repair costs? The amount of the loss can change over time and depends on subsequent events.
Read articleIf the person responsible was insured in another country of the European Economic Area, the claim can be filed without travelling abroad – in Poland, with the claims representative appointed by the foreign insurer. The representative’s details are established by the Information Centre of the Insurance Guarantee Fund (UFG) and the Polish Motor Insurers’ Bureau (PBUK). If the representative does not reply within three months or has not been appointed, the claim can be directed to PBUK as the compensation body. Damage caused in Poland by a vehicle registered abroad is reported in a similar way – through PBUK or the foreign insurer’s correspondent.
The scope and amount of claims are, as a rule, assessed under the law of the country in which the accident occurred (in Poland, the law applicable to a road traffic accident is governed by the Convention on the Law Applicable to Traffic Accidents, done at The Hague on 4 May 1971 (Journal of Laws of 2003, No. 63, item 585)). This also applies to limitation periods, which can be much shorter than in Poland – e.g. two years in Italy and Slovakia, and one year in Spain. The injured party may, however, sue the foreign insurer before the court of their place of residence in Poland (Brussels I bis Regulation; judgment of the Court of Justice of the EU in Case C-463/06 Odenbreit) – the Polish court will then apply foreign law.
E&S Law Firm handles cases involving damage sustained abroad in Polish, German, English and French, including cases requiring the application of foreign law. We work with law firms in Germany, Austria and Switzerland and with legal expenses insurers from the European Union.
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