On Dec. 16, POL GVT consulted on amending compulsory insurance.
POL GVT opened consultation on thedraft amending the act on compulsory insurance, the insurance guarantee fund and the Polish motor insurers' bureau and the act on insurance and reinsurance activity.
Follows POL GVT Nov. 2019 issued text of compulsory insurance law, see #67738.
Purpose
Implementation of EU Dir 2021/2118 relating to insurance against civil liability in respect of motor vehicles' use and the compulsory insurance against such liability.
Amendments to the Act of May 22, 2003, on compulsory insurance, the insurance guarantee fund and the Polish motor insurers' bureau (Act on Compulsory Insurance).
Amendments to the Act of Sep. 11, 2015, on insurance and reinsurance activity.
Adoption of legislative obligations due to CJE ruling in case C-428/20 State Treasury.
Regarding third party liability insurance for damage caused by the use of motor vehicles, definition of the minimum guarantee amounts, and transitional time periods.
Proposed Amendments
Definitions of vehicle, use of a vehicle, increase of the minimum guarantee amounts.
For personal injuries €6,45mn on the date of the accident irrespective of the number of injured parties, or €1,3mn per injured party and in the case of damage to property.
It will be €1,300,000 per accident, irrespective of the number of the persons affected.
Protection of victims/beneficiaries of compensation in the event of insurer's insolvency.
Supplementing the existing Polish regulations on certificates of compensation claims covered by a compulsory motor vehicle insurance contract for motor vehicle owners.
Provisions to allow the Fund to satisfy claims in the event of guarantee's exhaustion.
Amendments regarding motor vehicles dispatched from one Member State to another.
Draft law will enter into force on Dec. 23, 2023, which is the transposition's deadline.
Effectiveness
Comments on the draft may be submitted online or by post until Jan. 24, 2022.
Mar. 2024 Continuation as Bill UC17
On Mar. 5, 2024, POL GVT renewed the legislative proposal, previously treated under number UC135, under new number UC17, already subject to public consultation.
On Oct. 23, 2023, the project was submitted for targeted consultations and opinions.
The law will apply 14 days after publication; some provisions apply on Apr. 23, 2024.
On Mar. 8, 2024, POL GVT submitted to the Ministry of Justice comments received.
Oct. 2024 Legislation Published
On Oct. 22, 2024, POL GVT published the final legislation, based on an Act dated Sep. 13, 2024, implementing EU Dir 2021/2118 relating to insurance against civil liability in respect of motor vehicles' use and the compulsory insurance against all such liability.
Amended the Act of May 22, 2003, on compulsory insurance, insurance guarantee fund and on the Polish motor insurers' bureau (Act on Compulsory Insurance), as well as making amendments to Act of Sep. 11, 2015, on insurance and reinsurance activity.
Act shall enter in force after 14 days from date of publication, on Nov. 5, 2024, with exception of Art. 1 item 3 and item 16 letter b, which enter in force on Jul. 24, 2025.
Regulators
POL GVT
Entity Types
CNSM; IB; Ins
Reference
OG Poz 1565, 10/22/2024; Act 9/13/2024; PR 3/8/2024, PR, FS 3/5/2024; Bill UC17, 1/22/2024; PR, 12/16/2022; Lt, 12/15/2022; CP, 11/29/2022; Citation: Dir 2021/2118;
