On 1 July 2016, a young man from Lubusz Voivodeship was involved in a very serious road accident in Germany. A coincidence meant that the at-fault vehicle was covered by third-party liability insurance from one of Poland’s largest insurance companies, headquartered in Pomerania.
After a three-year legal battle with the insurer before the District Court in Zielona Góra, the insurance company paid the injured party a total of more than PLN 1,800,000 in compensation and damages. It also refunded half of the legal costs. The proceedings ended in July this year.
We are speaking with the owner of the firm, Zbigniew Zawada.
1. How did the injured party come to you?
The same way most of our clients do: on the recommendation of people who had previously been our clients.
2. Was the case straightforward?
While the client’s claims themselves were clear, the nature and extent of the injuries, as well as the client’s young age, made the claims very complex.
3. What made the claims complex?
Above all, the extent and nature of the injuries resulted in complete and permanent incapacity for work, the need for partial care and the use of prostheses.
4. How long did the client wait for the benefits to be paid?
When he contacted us, he received the first amounts as early as 2016. However, given the amounts the client was entitled to and demanded from the insurer, it was necessary to file a claim with the District Court in Zielona Góra.
5. Could the proceedings not have been avoided by reaching an agreement with the insurer?
There was no brave person on the insurer’s side who would sign off on a payment decision without a judgment. Unfortunately, for more than seven years, lawsuits have been reaching the courts in obvious cases concerning even small amounts, sometimes as little as PLN 1,000. This is the result of the Financial Supervision Authority’s oversight of insurers being merely superficial. The maths shows that insurers simply benefit from causing cases to go to court because statistically, out of 10 people who are denied payment or offered an ridiculously low amount, only two will pursue their rights in court. Courts handle a great many cases against insurers. For procedural reasons, cases of this kind already took a long time. Following the so-called “reform,” they take even longer. The coronavirus situation also affects the duration of such proceedings. However, based on experience—including my own, as my wife and daughter were also involved in an accident in March 2018—it is worth waiting for a fair judgment.
6. Is this the highest amount you have obtained?
No. In 2014, we obtained a total of PLN 2,700,000 for an injured person, plus an additional several thousand in lifelong monthly annuity payments.
7. The case was complex, and the subject matter and nature of the claims were very serious. Did anyone help you during the three years of proceedings with the insurer before the court in Zielona Góra?
Of course. Two heads are better than one. As the injured party’s legal representative in the court proceedings, one of our lawyers, advocate Jacek Kurcio from the Law Office (pictured below), whose registered office is at the same address as our firm, represented him.
8. What should we do first when we are involved in an accident?
Above all, do everything possible to minimise the consequences of the accident and call for medical assistance immediately. Focus primarily on treatment, and if a close person has been involved in an accident, care for them and ensure proper treatment and rehabilitation.
Collect medical records. In particular, the initial records from the ambulance, emergency department, clinic or primary-care doctor are crucial.
Collect invoices confirming the costs of treatment and rehabilitation.
Third-party liability insurance provides not only compensation for harm and reimbursement of treatment costs. Where justified, one may claim an annuity for increased needs, a supplementary annuity and lost income. In the event of the death of a close person, the insurer should pay not only compensation for the harm and appropriate damages, but also reimburse funeral and burial costs, the organisation of a mourning reception and the purchase of mourning clothes. In justified cases, it is also possible to claim a maintenance annuity.
The deadline for reporting claims to the insurer ranges from 3 to as many as 20 years after the accident, depending on the seriousness of the act committed by the person responsible.
Thank you for the conversation.
Biuro RONIN
Zbigniew ZAWADA
Debt Collection and Compensation
ul. Mickiewicza 12
59 – 700 BOLESŁAWIEC
tel./fax. + 48 75 732 19 05
GSM: + 48 502 378 958
GSM: + 48 505 111 231
email: biuro.ronin@vp.pl
email: boleslawiec.odszkodowania@gmail.com
www.biuroronin.pl
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