Damage suffered abroad in an EU country

At the scene: what to secure

• Call the police – in many countries this is mandatory if anyone is injured, and the police report is the most important evidence of how the incident happened.
• Fill in a joint road accident statement on the European form – it has the same layout in every language. Sign only what you understand; do not make statements about fault in a foreign language.
• Write down the registration number and country of registration of the vehicle of the person responsible, their insurer and policy number (Green Card), and the details of witnesses.
• Take photographs of the scene, the position of the vehicles and the damage; keep your medical records and receipts for towing, accommodation or a replacement vehicle.

Where to report the damage and under which law it is assessed

If 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.

What claims are available and what to bear in mind

• Compensation for the cost of repair or for a total loss, towing, hire of a replacement vehicle, and loss of the car’s market value.
• Costs of treatment and rehabilitation, lost income, an annuity, compensation for harm suffered – in the amount provided for by the law of the country where the accident occurred.
• Obligations of the injured party: mitigating the damage, reporting it on time (also to their own comprehensive motor insurer or assistance provider), cooperating with the insurer and submitting documents together with translations.
• Legal expenses insurance may cover the costs of a legal representative and of the proceedings – it is worth checking your own policies.

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.