Changes in insurance
The Act of 13.09.2024 on the amendment of the Act on Compulsory Insurance, the Insurance Guarantee Fund and the Polish Motor Insurers’ Bureau and the Act on Insurance and Reinsurance Activity amended the existing insurance regulations by implementing Directive 2009/103/EC of the European Parliament and of the European Council of 16.09.2009 on insurance against civil liability in respect of the use of motor vehicles and the enforcement of the obligation to insure against such liability. The aim of the new legislation is to provide better protection for victims.
Increase of guarantee amounts in insurance
The main purpose of the changes was to increase the minimum guarantee sums to:
– PLN 29,876,400 in respect of one event the consequences of which are covered regardless of the number of victims – in the case of personal injury;
– PLN 6,021,600 in respect of one event the effects of which are covered regardless of the number of victims – in the case of damage to property.
What in the case of insolvency of the insurer?
In accordance with the new regulations, the injured party or party entitled to compensation, having their place of residence or seat in the territory of the Republic of Poland, may submit to the Polish Motor Insurers’ Bureau a claim under the compulsory third party liability insurance of holders of motor vehicles, resulting from an event which occurred in the territory of a European Union Member State other than the Republic of Poland or a third country and was caused by the movement of a motor vehicle the holder of which concluded a contract of third party liability insurance of holders of motor vehicles with an insurance undertaking having its seat in a European Union Member State against which bankruptcy or liquidation proceedings have been initiated. The Polish Motor Insurers’ Bureau will be responsible for payment of compensation to persons injured as a result of events which took place in the territory of another EU country or a third country in the case of insolvency of the insurer.
In addition, from now on, national insurance companies are obliged to pay contributions to the Insolvency Fund in order to protect victims against the insurer’s insolvency, and the Insurance Guarantee Fund and the Polish Motor Insurers’ Bureau are obliged to make available on their websites information on the possible ways of pursuing claims in the performance of their statutory tasks, together with instructions on the possibility of pursuing claims through the courts.
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