As part of its activities, the Polish Motor Insurers' Bureau deals with:
- issuing documents of insurance (Green Card certificates) valid in other states of the Green Card System
- concludes agreements with National Bureaux of other States of the System on the mutual recognition of documents of insurance;
- arranging the claim handling or carrying the claim handling processes of loss or injury caused in the territory of Poland by motor vehicles registered abroad which held valid documents of insurance (Green Cards) issued by foreign National Bureaux;
- arranging the claim handling or carrying the claim handling processes of loss or injury caused in the territory of Poland by motor vehicles registered in States, National Bureaux of which are signatories of the Multilateral Agreement (i.e. the EEA countries, Andorra and Croatia);
- defining the principles and procedure of distribution of documents of frontier insurance, in particular establishing the specimen of such documents and keeping a record of them
Furthermore, the Polish Motor Insurers' Bureau acts as:
1 Compensation body
The Fourth motor insurance Directive has set up the institution of a compensation body, the function of which is in the territory of Poland performed by the Polish Motor Insurers’ Bureau, on the basis of the Act on Compulsory Insurance, the Insurance Guarantee Fund and the Polish Motor Insurers’ Bureau of 22 May 2003.
This institution, as a rule, takes action in the event where an insurance undertaking fails to fulfill its duties specified in the provisions of the Directive.
The compensation body shall examine claims arising from the use of vehicles registered in the territory of the EEA states if:
- the accident occurred in the territory of an EEA country other than the place of residence of the injured party,
- the accident occurred in the territory of a third state belonging to the Green Card System.
The compensation body commences considering a claim if:
- the insurance undertaking (or its claims representative) has failed to provide a reasoned reply to the claim presented within the three months of lodging the claim
- the insurance undertaking has failed to appoint a claims representative in the country of the injured party,
- it has not been possible to identify the insurance company responsible for the loss within two months since the date of the accident.
The compensation body shall take action at the request of the injured party, within two months from lodging the claim to the compensation body, on condition that the insurance undertaking (or its claims representative) has failed to provide to the injured party with a reasoned reply to the claim presented within that period.
If the injured party has taken legal action against the insurance undertaking, the compensation body shall not consider any claims.
The information centre is responsible for collecting and sharing all information regarding compulsory motor third party liability insurance contracts as well as information on claims representatives appointed by insurance undertakings.
In Poland, the function of information centre is performed by:
1. The Insurance Guarantee Fund
UFG has a data base concerning effected compulsory motor third party liability insurance contracts (vehicles registered in Poland), insurance undertakings underwriting the insurance within group 10 (excluding carriers' liability) as well as their claims representatives abroad.
2. Polish Motor Insurers' Bureau
PBUK provides information on the foreign insurance undertakings of the vehicle, which caused the accident as well as their claims representative in Poland.
In case of an incident (collision, traffic accident etc.) occurring abroad, involving a vehicle registered in an EEA country, there is a possibility of pursuing claims in Poland. In order to do that, the injured party shall, after returning to Poland, contact the Polish Motor Insurers' Bureau, which will, on the basis of details concerning the person who caused the loss or injury (registration number of vehicle, country in which the vehicle is registered) provide information on the insurance undertaking of the liable party and on its claims representative in Poland.After obtaining the above information it is possible to present the claim directly to the claims representative, who is obliged to provide the injured party with a reasoned reply within 90 days from lodging the claim. Shall injured party not receive a reasoned reply from the claims representative within that period, it is possible to present this claim to the compensation body, function of which is held by the Polish Motor Insurers' Bureau.
The claim may also be presented directly to the compensation body on condition that the foreign insurance undertaking of the vehicle responsible for the occurrence failed to appoint his claims representative in the territory of Poland.