When Is Compensation for a Traffic Accident Due?
Although the number of traffic accidents and casualties in Poland has been decreasing, they still occur quite frequently. According to the police report titled „Traffic Accidents in Poland in 2022,” there were 21,322 accidents on Polish roads, resulting in 24,743 injuries and 1,896 deaths.
What Is Considered a Traffic Accident?
A traffic accident is defined as an event that occurs on land, sea, or air, involving at least one motor vehicle (such as a car, motorcycle, bicycle, or scooter) that results in temporary or permanent injury or death. The most common type of traffic accident involves a passenger car.
Traffic Accident vs. Collision
The terms „accident” and „collision” are often used interchangeably, but they refer to different incidents. A road collision involves a motor vehicle but results in no injuries or fatalities—no one is harmed. For example, a minor fender bender is considered a collision.
Causes of Traffic Accidents in Poland – What Do the Statistics Say?
Drivers are responsible for the vast majority of traffic accidents (90.9% of all accidents). These accidents are mainly caused by men, who were responsible for 73% of them. The most common culprits are young drivers aged 18-24, who account for 15.8% of accidents. According to the 2022 police report, the most frequent causes of traffic accidents include:
- Failure to yield the right of way,
- Excessive speed or failure to adjust speed to conditions,
- Failure to yield to a pedestrian at a crosswalk,
- Insufficient distance between vehicles,
- Improper execution of maneuvers such as overtaking or turning.
It’s important to note that not only drivers are responsible for accidents. Pedestrians also cause traffic accidents on Polish roads. In 2022, there were 1,084 accidents caused by pedestrians, nearly half of which were due to pedestrians stepping onto the road right in front of a moving vehicle. Similar to accidents caused by drivers, the majority of pedestrian-caused accidents involved men—66.1% of them. Interestingly, most traffic accidents occur during the summer months—June and July.
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Who Is Entitled to Compensation After an Accident, and How Can It Be Obtained?
Compensation for a traffic accident is available to anyone injured in such an incident, provided that they are not the person responsible for the accident. If the injured party contributed to the accident but only partially, compensation may still be available, though the amount may be reduced. Compensation is available not only to the driver of the vehicle involved in the accident but also to pedestrians, cyclists, and passengers—even those in the vehicle driven by the at-fault driver. If the accident results in death, compensation is available to the deceased’s close relatives. For more on how to seek compensation for a fatal traffic accident, see: **COMPENSATION FOR DEATH**.
Compensation is typically paid out by the insurance company where the at-fault party holds a policy, meaning it is paid from the at-fault party’s third-party liability insurance. However, it’s important to note that it is possible to obtain compensation even if the at-fault party cannot be identified because they fled the scene or did not have valid insurance—in such cases, the compensation is paid by the Insurance Guarantee Fund.
Steps to Obtain Compensation After a Traffic Accident:
- Identify the person responsible for the traffic accident and the insurance company where they hold a third-party liability policy.
- Gather documentation that proves the fault of the at-fault party and the damages caused.
- Submit a claim with the insurance company along with the documentation—it’s advisable to seek the help of an experienced compensation law firm that can oversee the entire process.
If the responsible party is unknown, you should submit your claim and documentation to any insurance company, which will prepare and forward the documentation to the Insurance Guarantee Fund, which will then pay the compensation.
The Role of a Professional Compensation Law Firm
To obtain compensation quickly and effectively, it is best to enlist the help of a professional compensation law firm. The lawyers at Polska Kancelaria Pomocy Poszkodowanym can help secure a high compensation amount after a traffic accident. Here’s how we work:
- We analyze the case for free and estimate the amount of compensation.
- We sign an agreement with clear and fair terms.
- We review the documentation found in the criminal records against the responsible party.
- We assist in gathering necessary documentation and identify the insurance company.
- We file a claim with the responsible entity.
- We negotiate the amount of compensation for the traffic accident.
- If negotiations are unsatisfactory, we take the case to court on behalf of the client.
- We handle both civil and criminal cases at every stage—representing clients in court.
- The compensation is paid out.
Our experience shows that insurance companies often undervalue compensation amounts, and the assistance provided by the Polska Kancelaria Pomocy Poszkodowanym allows for securing a higher compensation payout. The higher the amount, the greater the chance of mitigating the effects of a traffic accident, which can include permanent or temporary health impairment, inability to work, loss of income, deterioration of mental health, and much more.
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No Costs During Proceedings
Our clients do not incur any costs related to pursuing compensation during the proceedings. Our fee is a percentage of the amount recovered, which we determine individually.
How Much Is Compensation for a Traffic Accident?
The amount of compensation depends on many factors, such as the degree of health impairment. Our experienced lawyers will thoroughly assess all factors that could affect the amount of compensation.
Additional Benefits Entitled to the Injured Party as a Result of a Traffic Accident
In addition to compensation, the injured party may also be entitled to benefits such as:
- Reimbursement of medical and rehabilitation costs,
- An annuity for incapacity to work,
- Reimbursement of lost income,
- Reparation after a traffic accident.
If you are a victim of a traffic accident and are seeking help in obtaining compensation, please contact us—we will analyze your case for free and fight for a high compensation payout.
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