POL GVT Compulsory Insurance Act


On Dec. 16, POL GVT consulted on amending compulsory insurance.


  • POL GVT opened consultation on the draft 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.
  • Available online are: bill UC17, regulatory impact assessment and feedback received.
  • Mar. 8, 2024 Feedback
  • 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;
Functions Claims/Accelerated Benefits; Complaints; Compliance; C-Suite; Financial; Legal; Operations; Product Administration; Product Design; Reinsurance; Resolution; Risk; Treasury
Countries European Union; Poland; Cross-Border
Category
State
Products Auto/Motorcycle; Corporate; Equity; Insurance; Insurance-Casualty; Insurance-Life; Insurance-Property
Regions EMEA
Rule Type Final
Rule Date 12/16/2022
Effective Date 11/5/2024
Rule Id 156953
Linked to Rule :67738
Reg. Last Update 10/22/2024
Report Section EU

Last substantive update on 10/25/2024