UFG

Hello everyone,

I am writing because I need advice on a matter with UFG (Insurance Guarantee Fund). Honestly, I feel lost and treated unfairly in this situation.

My situation is as follows:

I live in Poland and it was first time in my life when I bought a car abroad (in Spain). I was not fully familiar with Polish third party liability insurance regulations, especially in the context of continuity of insurance and obligations towards UFG.

After buying a car I have not received any clear information from any institution, seller or office on:

• how to properly deal with insurance in such a situation (imported car)
• whether the insurance is automatically renewed
• exactly what steps do I need to take to remain fully compliant

I have not been informed by any office or institution that there are additional obligations or risks of a third party liability insurance break in the case of a car imported from abroad.

After some time I received from UFG a fine of approximately PLN 9,300 for alleged lack of continuity of third party liability insurance.

This was a huge surprise to me because:

• it was for me the first situation of this kind in life
• I was active in good faith
• I had no intention of avoiding insurance
• I was simply not aware of all the formal requirements

From what I understand, Article 28 of the UFG Act talks about automatic extension of insurance and the need to maintain continuity, but in my case:

• I didn't intentionally give up my insurance
• I was not adequately informed on how to ensure the continuity of third party liability insurance after importing the vehicle
• I feel like I am being punished for lack of knowledge, not for conscious negligence

The most frustrating thing is that the system assumes full knowledge of complex regulations from the very beginning, which was unrealistic in my situation.

My questions to you:

1. Has anyone had a similar situation with UFG after importing a car from abroad?
2. Is there any real possibility of appealing against or reducing this penalty due to:
   
   • the first such situation
   • lack of clear information
   • acting in good faith
3. Are there any cases where someone has won against UFG in a similar case?
4. What is the best strategy to adopt — appeal, court or attempted settlement?

I am considering legal action because the amount is very high and I believe the situation has not been assessed fairly.

I would be very grateful for any help, experiences or tips.

Thank you.

Unfortunately, as strict as it may sound, You not knowing regulations is not a reason for appeal. And it is the case in any field of law. General rule of "now knowing regulations is harmful" is still in motion. There is also no obligation for any public office to inform buyer about his/her obligations in terms of insurance and its continuity. If You were misinformed by seller about acquiring car with valid insurance You can appeal. If your financial and/or domestic situation is very hard You can formally ask for annulation of payment, postpone payment or dividing it into monthly installments.

I'm very sorry you've encountered this situation. Unfortunately, Poland, like Slovakia, is one of the most thieving countries when it comes to road traffic regulations. We're still a third world country in this regard despite joining the European Union, where regulations in other countries are much more standardized than ours.

But getting to the point – anything is possible. You just need to be well-versed in the law. Unfortunately, I can't help you with this, as I haven't experienced a similar situation. I've previously experienced a similar situation, where the insurer tried to extort PLN 11,000 from me for a collision, which I described three months ago (this is a different matter than the Insurance Guarantee Fund). In my appeal, I cited my knowledge of the law, and shortly after, I received a notice that the case was closed and I didn't have to pay. Try seeking legal help on other forums. Unfortunately, you probably won't find it here – there are plenty of government accounts that will force you to pay.

Thanks for wanting to help!

I would like to clarify one important thing — the car had valid insurance in Spain at the time of purchase. That's why I was convinced that the car was insured and there was no break in protection.

It was not clear to me that after importing the car to Poland, this insurance might not be recognized in the same way or that I had to immediately purchase Polish third party liability insurance to maintain continuity under UFG regulations.

If anyone has had a similar situation with foreign insurance, I would appreciate any advice

redha napisał:

I would like to clarify one important thing — the car had valid insurance in Spain at the time of purchase.

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And such insurance remains valid until it expires or until the day of vehicle registration in Poland. Both Spain and Poland are members of EEA so in that case insurance hasn't expired only because car was moved abroad. EEA members recognize valid insurances purchased it those countries as such situations cannot be avoided sometimes - for exaple foreigner visits Poland for holidays or business - but this recognition only lasts as long as that vehicle remains registered in foreign EEA country. Registration in Poland stops insurance validity even if vehicle was formely registered in one of EEA countries. And that regulation has its reasons - for example if there was a damage, aggrieved person would have to contact spanish insurer instead of polish one which would potentially make it harder to receive compensation.