Pedestrian Hit by a Vehicle – What You Need to Know About Third-Party Liability Compensation

The cause of an accident usually lies with the vehicle driver, but sometimes pedestrians contribute to increasing the danger through their behaviour. So is a pedestrian hit on the road always entitled to compensation from the vehicle’s third-party liability insurance? Here are the six most important guidelines.

1. When will a pedestrian receive compensation for being hit by a car

The Civil Code (Article 436) clearly stipulates that the holder of a vehicle is liable, on a no-fault risk basis, for damage caused to a pedestrian. In that case, the driver will almost always be liable for the collision. “Almost”, because a few limited circumstances can release them from liability. These are force majeure, the injured party’s sole fault, or the exclusive fault of a third party.

Under the risk principle, a pedestrian who suffers harm as a result of an accident involving a vehicle is not required to prove the driver’s fault. It would be the vehicle driver who would have to prove their innocence.

2. The person responsible was not identified or did not have valid third-party liability insurance – who will pay the compensation

If the accident occurred in Poland, the claim will be satisfied by the Insurance Guarantee Fund (UFG). The person responsible for the incident will not escape liability. If they are identified, or were known but did not have a valid third-party liability policy, the UFG will seek reimbursement of the costs incurred from them.

3. The driver of the vehicle that hit the pedestrian was intoxicated

The insurance company with which the vehicle’s third-party liability policy was taken out is exempt from liability for the damage if it was caused by an intoxicated driver. So who will pay the pedestrian the compensation due? The liable party’s insurer will not deprive the injured person of financial assistance. However, after paying the benefit due, it will seek recourse against the person responsible for the incident, asking them to reimburse all costs incurred.

When considering the two previous points, an obvious conclusion arises: it is better to purchase inexpensive third-party liability insurance than to remain uninsured. Proving a driver’s innocence after hitting a pedestrian is very difficult, and the relevant institution—the insurance company or the UFG—will still demand reimbursement of all costs, which, in a worst-case scenario, could amount to many times their annual income.

4. The pedestrian was drunk but crossed the road correctly

This issue always causes the most controversy, so we asked an expert in motor insurance for advice:

A reduction or refusal to pay compensation from the vehicle’s liable party insurance is possible only when the intoxicated pedestrian caused the accident themselves and the vehicle driver did not breach traffic regulations in any way – says Magdalena Drozd from Okurka.pl (Okurka.pl is an online comparison website for third-party liability and comprehensive motor insurance from several insurance companies).

Therefore, if the pedestrian was drunk but crossed the road correctly at a marked pedestrian crossing and was hit by a car during that time, they may apply for compensation without concern.

5. Do you have to wait for a final judgment while criminal proceedings are ongoing

Since the vehicle holder is liable for hitting a pedestrian on a risk basis, their fault is not a prerequisite for civil liability. Even the subsequent acquittal of the alleged perpetrator does not prevent the injured person from seeking compensation from their insurer. The insurance company should therefore take appropriate action in the case, regardless of the ongoing criminal proceedings.

6. What claims can a pedestrian hit by a car make against the insurer

Common knowledge is limited to the assertion that a pedestrian who has been hit will receive only monetary compensation for the non-material harm suffered as a result of personal injury. In fact, the range of benefits is much broader and may include, for example, reimbursement of the costs of treatment and rehabilitation, medical care, appropriate nutrition, transporting the injured person and their relatives, adapting the home to new needs, or preparation for carrying out a profession. It is also possible to claim a compensatory pension and reimbursement of lost income for the period of incapacity following the accident, when the injured person was unable to work.

*source: report by the Police Headquarters “Road Accidents in Poland in 2014”