Compensation Top-Ups for a Damaged Vehicle – What You Should Know in 2026
Compensation top-ups for damaged vehicles have become one of the most visible phenomena on the Polish motor insurance market. The reason is simple: in many cases, the compensation initially paid is not sufficient to cover the actual cost of repairing the vehicle, and the difference between the insurer’s assessment and the workshop’s costs can be significant.
As a result, alongside the standard complaints procedure, a market of compensation claims firms and companies purchasing claims has developed. Some of them offer a quick compensation top-up in exchange for an assignment of the claim, while others handle complaints and court proceedings on a commission basis. At Sagarto Odszkodowania, we operate in this area to help injured parties recover the missing portion of the money they are entitled to and obtain a compensation top-up when the insurance payment was underestimated.
Where do compensation top-ups come from?
A compensation top-up is an additional amount that can be obtained when the compensation paid does not cover the actual costs of restoring the vehicle to its pre-accident condition. This applies both to claims settled under the third-party liability insurance (OC) of the person responsible for the accident and comprehensive motor insurance (AC), although in practice, based on our experience at Sagarto, most disputes concern claims under OC.
The basis is the principle of full compensation arising from civil law. In practice, compensation top-ups most often arise where the insurer’s estimate has been prepared in a way that the injured party – and we, when analysing the case – consider to be underestimated, for example by failing to include all damage, applying excessively low labour rates, or using alternative replacement parts.
When is a compensation top-up possible, and when is the matter closed?
The possibility of pursuing a compensation top-up arises primarily when the compensation paid is too low and the case has not been formally closed. The most important limitation is a situation in which the injured party has signed a settlement agreement with the insurer – such a settlement generally closes the way to pursuing further claims.
In practice, a compensation top-up is most often considered when:
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the compensation was paid on a cash settlement basis,
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the injured party has the insurer’s decision and estimate available for verification,
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the limitation period for the claim has not expired (in most cases, 3 years is assumed, although the period depends on the type of damage and the circumstances of the case),
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the injured party has not waived any further claims.
It is also important that compensation top-ups may be pursued regardless of whether the vehicle has been repaired, sold, or is still in the owner’s possession – the key factors are the documentation and the way in which the claim was settled.
Third-party liability insurance vs. comprehensive insurance – a similar dispute, different limitations
In claims under third-party liability insurance (OC), the injured party expects reimbursement of the full, economically justified cost of the repair. Based on our experience at Sagarto Odszkodowania, disputes arise, among other things, when the insurer uses replacement parts, underestimates labour rates, or excludes part of the required repair work.
In the case of comprehensive insurance (AC), a compensation top-up is also possible, but its scope is more closely linked to the provisions of the general terms and conditions of insurance (OWU). This means that some deductions may result not from an error in the claims settlement process, but from the terms of the insurance contract – for example, an excess or the selected repair option.
What most often reduces the estimate and increases the difference eligible for a compensation top-up?
Based on our experience at Sagarto, there are recurring mechanisms used to underestimate repair estimates. The most common include the use of replacement parts instead of original parts, underestimating hourly labour rates, and failing to include the full scope of the damage.
In practice, the largest differences arise when an estimate is prepared using “minimum rates” and the injured party compares it with the actual prices charged by repair shops. In many cases, we see insurers using labour rates of PLN 60–90 per hour, while market repair rates often range from PLN 150–250 per hour, depending on the region, type of workshop, and vehicle brand.
How much are compensation top-ups worth – ranges and real examples
The amount of a compensation top-up depends on the extent of the underestimation, the type of damage, and the value of the vehicle. In market practice, based on observations of cases handled by compensation firms and comparative assessments, the following ranges most commonly occur:
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most commonly PLN 1,000–15,000,
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average compensation top-ups often range from approximately PLN 2,000 to PLN 8,400,
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in more expensive cases, a compensation top-up may reach PLN 20,000–30,000.
There are also cases where a compensation top-up amounts to several thousand zlotys for partial damage, while in the case of a total loss it may reach approximately PLN 14,000 – everything depends on how significantly the original assessment was underestimated.
Documents without which a compensation top-up usually cannot proceed
The process of verifying a compensation top-up – whether carried out independently or with our assistance at Sagarto – is based on the documents from the claims settlement process. The documents most commonly required are the insurer’s repair estimate and the decision on the compensation payment, as well as basic documentation relating to the incident.
The following are usually required:
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the repair estimate prepared by the insurer,
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the decision on the compensation payment, including its justification,
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the at-fault party’s statement or a police report,
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photos of the vehicle damage,
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for AC claims: a copy of the insurance policy,
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in the case of a total loss: an assessment of the vehicle’s value before and after the damage.
In some cases, repair invoices and opinions from independent experts are also provided if the injured party wants to substantiate the discrepancies more strongly. In practice, at Sagarto Odszkodowania, we often analyse a case based solely on the decision and repair estimate, as these documents most often show where the difference comes from and whether there is realistically room for a compensation top-up.
Two ways to proceed: complaint or assignment of the claim
In practice, and based on the cases we handle at Sagarto, there are two main models for obtaining a compensation top-up. The first is the traditional complaints procedure, while the second is the market for “quick compensation top-ups” provided by external companies.
The most common options are:
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a complaint or appeal to the insurer, with the injured party acting independently or with the assistance of a compensation company,
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assignment of the claim, meaning the sale of the claim to a company that pays money more quickly and takes over the dispute with the insurer.
In practice, choosing between these options comes down to deciding whether time and convenience are more important, or whether a potentially higher amount is preferable despite a longer process. At Sagarto Odszkodowania, we help choose the solution that best fits the injured party’s situation and the realistic prospects of obtaining a compensation top-up.
How long does it take to receive a compensation top-up? Statutory deadlines vs. market realities
The basic deadline for an insurer to pay compensation is 30 days from the date the claim is reported, while in complicated cases it may be extended to 90 days. In the case of a compensation top-up pursued through the complaints procedure, the insurer usually has 30 days to respond, while in complex cases the deadline may be extended to 60 days.
The situation is different with an assignment of the claim. Based on our experience at Sagarto Odszkodowania, payment under this model is most often made within 3–7 business days after signing the agreement and providing the documents, while the assessment of the repair estimate may take approximately 24–48 hours.
If the case goes to court, the process becomes significantly longer – in practice, it may take from several months to as much as 2–3 years, depending on the complexity of the case and the workload of the courts.
The largest insurers in Poland – similarities and differences
The comparison covering PZU, Warta, Allianz, Ergo Hestia, Compensa, Generali, Link4 and Uniqa highlights that each of these insurers allows compensation top-ups to be pursued, both under OC and AC. The differences mainly concern the channels for submitting claims, specific deadlines in AC cases, and the organisation of the complaints process.
The materials indicate that among the largest insurers, a similar pattern occurs repeatedly: repair estimates may be underestimated through the use of replacement parts and low labour rates, while compensation top-ups are often pursued through law firms or companies purchasing claims.
Table: how compensation top-ups work with the largest insurers – practical comparison
| Insurer | OC / AC | Top-up possible | Typical documents | Response time (complaint) | Payment time (assignment) | Example top-up ranges |
|---|---|---|---|---|---|---|
| PZU | OC / AC | Yes | estimate, decision, photos, (AC: policy) | 30 days (up to 60) | 3–7 days | PLN 1,000–15,000+ |
| Warta | OC / AC | Yes | estimate, decision, photos | 30 days (up to 60) | 3–7 days | PLN 1,000–15,000+ |
| Allianz | OC / AC | Yes | estimate, decision, photos, (AC: policy) | 30 days (up to 60) | up to 7 days | PLN 2,000–14,000+ |
| Ergo Hestia | OC / AC | Yes | estimate, decision, photos, (AC: policy) | 30 days (up to 60) | 3–7 days | PLN 1,000–10,000+ |
| Compensa | OC / AC | Yes | estimate, decision, photos, (AC: policy) | 30 days (up to 60) | 3–7 days | PLN 1,000–10,000+ |
| Generali | OC / AC | Yes | estimate, decision, photos, (AC: policy) | 30 days (up to 60) | 3–7 days | PLN 1,000–10,000+ |
| Link4 | OC / AC | Yes | estimate, decision, photos, (AC: policy) | 30 days (up to 60) | 3–7 days | PLN 1,000–10,000+ |
| Uniqa | OC / AC | Yes | estimate, decision, photos | 30 days (up to 60) | 3–7 days | PLN 1,000–10,000+ |
Compensation firms: success fee or “cash on the spot”
The compensation services market currently operates under two main models. The first involves representation during the complaint process and in court, while the second involves a quick compensation top-up after signing an assignment agreement.
In the representation model, remuneration is most often commission-based. Based on market experience, including terms commonly found in the industry, commissions may range from 10–25% gross of the compensation top-up obtained, and in court cases may reach approximately 30% net. It is also worth noting that many companies do not charge upfront fees for analysing a case – similarly, at Sagarto Odszkodowania, we often begin by verifying the documents to determine whether a compensation top-up is realistically possible.
Under the assignment model, the client receives money more quickly, but in practice gives up part of the potential compensation top-up in exchange for convenience, speed, and the absence of litigation risk.
Assignment of a claim: what does the injured party sign and what should they watch out for?
Assignment of a claim involves transferring the right to pursue the claim to an external company. The injured party receives an agreed amount as a compensation top-up, while the company handles the dispute with the insurer at its own expense and risk.
In practice, the risk for the client may be limited, but the condition is to carefully read the agreement. Particularly important are provisions concerning liability for the information provided, any additional fees, and the conditions for withdrawing from the agreement. At Sagarto Odszkodowania, we always recommend checking exactly what the agreement covers and how the final compensation top-up is calculated before signing an assignment.
What do Supreme Court resolutions and supervisory guidelines change?
The materials cite key resolutions of the Supreme Court and indicate the role of guidelines issued by the Polish Financial Supervision Authority (KNF) and the Insurance Guarantee Fund (UFG) in shaping claims settlement standards. It was emphasised that the insurer should cover necessary and economically justified costs, while disputes often focus on whether the discounts, replacement parts, and labour rates used in the estimate meet this requirement.
It was also indicated that some case law affects how damage is assessed when a vehicle has been sold in a damaged condition or repaired before the compensation is paid.
Complaint rejected: what can the injured party do next?
If the insurer rejects the complaint, further steps are possible. The materials indicate the role of the Financial Ombudsman, who may conduct mediation and issue recommendations. It should be noted, however, that such recommendations are not legally binding, although they often lead to settlements.
The final option is court proceedings, which can be lengthy but in many cases result in a favourable outcome for injured parties – particularly where discrepancies in the repair estimate are properly documented.
Summary: what is worth remembering?
Compensation top-ups for a damaged vehicle are not an “additional bonus”, but an attempt to make up the amount which – according to the injured party – does not correspond to the actual cost of repairing the vehicle. The mechanism applies both to OC and AC, although in AC cases the limits of a compensation top-up are more often determined by the provisions of the general terms and conditions of insurance (OWU).
The most important factors are usually the repair estimate, the insurer’s decision, and the time of response. In practice, the injured party can choose between the complaints procedure or a faster compensation top-up through an assignment, where the “price” is transferring the claim. In both cases, the basis for an effective claim is complete documentation and a clear indication of discrepancies in the assessment. At Sagarto, this is precisely what we focus on – we analyse the documents and help obtain a compensation top-up when the amount paid by the insurer was underestimated.