The Fourth motor insurance Directive has set up the institution of a compensation body, the function of which is performed in the territory of Poland by the Polish Motor Insurers’ Bureau,
on the strength of the Act concerning Compulsory Insurance, the Insurance Guarantee Fund and the Polish Motor Insurers’ Bureau of 22 May 2003.
That institution, as a rule, takes action in the event that an insurance undertaking fails to fulfill its duties specified in the provisions of the Directive.
The compensation body shall examine claims arising in connection with the use of vehicles registered in the territory of the EEA
states if:
- the accident has happened in the territory of an EEA country other than the place of residence of the injured party,
- the accident has happened in the territory of a third state belonging to the Green Card System.
The compensation body shall set about examining a claim if:
- within three months of the presentation of the claim the insurance undertaking (or its claims representative) has failed to provide a reasoned reply to the claim presented,
- the insurance undertaking has failed to appoint a claims representative in the country of the injured party,
- within three months of the date of the accident it has not been possible to identify the insurance company responsible for the loss.
The compensation body shall take action at the request of the injured party, within two months of presentation of the claim to the compensation body if within that period the insurance
undertaking (or its claims representative) has failed to provide to the injured party a reasoned reply to the claim presented.
The compensation body shall not consider any claims if the injured party has taken legal action against the insurance undertaking.
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