A refusal to pay or a difference in damage assessments need not end the conversation with an insurer. First establish precisely what is disputed and which route to assistance you want to use. A complaint, private mediation and proceedings before Poland’s Financial Ombudsman follow different rules. This guide concerns private insurance, such as home or motor insurance. It does not cover proceedings about benefits from Poland’s Social Insurance Institution, ZUS.
Key points before you start
- Prepare the policy, insurance terms, decision, complaint and evidence of the loss.
- The Financial Ombudsman and a private mediator operate different procedures.
- Check limitation separately: enquiring about mediation does not automatically commence effective proceedings.
Identify the difference between the parties’ positions
Maciej Balcerowski and Diana Bożek discuss disputes under insurance contracts and injured parties’ claims against the wrongdoer’s insurer. In practice, distinguish denial of liability, disagreement about the extent of damage, the amount payable and the documents needed to assess it. Preparing a discussion about repair costs differs from preparing one about the consequences of personal injury.
Make a chronology of notification, decisions and challenges. Identify how much has already been paid, what additional sum you seek and why. Prepare expenditure records, photographs or opinions relevant to the particular issue. Do not assume the mediator will decide liability or guarantee an additional payment: settlement requires the parties’ acceptance.
Sources for this section: [1, pp. 155–158, 162–164] [2]
When should the Financial Ombudsman be considered?
An amicable procedure before the Financial Ombudsman (Rzecznik Finansowy, RF) requires the prior complaints procedure to have been exhausted and the dispute to fall within the Ombudsman’s remit. Articles 35a–41 of the Financial Ombudsman Act govern it. The financial institution must participate, but that does not require it to accept a settlement or pay the requested amount. The application fee is PLN 50; a waiver is possible in particularly justified cases.
RF distinguishes its intervention procedure, in which it examines possible support for the customer, from its impartial amicable procedure. The application should clearly identify the route chosen. Also check whether the same claim is already before a court or another competent body. A private mediation foundation is not an RF branch and does not automatically apply RF’s fee or the insurer’s statutory duty to participate.
How does private mediation work?
In contractual civil mediation, the parties agree participation, the mediator and the arrangements for discussion. Before commissioning the service, establish the insurer’s willingness to take part and who will be authorised to negotiate and sign a settlement. Article 183⁵ KPC provides for information about costs. Private service fees are separate from RF fees; ask about preparation, meetings and documents.
The literature highlights impartiality and confidentiality, particularly where health or sensitive experiences are involved. Breaks, a representative’s attendance and separate organisational discussions can be planned. Send medical or other particularly personal documents through an agreed channel and only to the extent needed for the case. Each participant should understand a proposal before accepting it.
Sources for this section: [1, pp. 158–160] [2]
Limitation: three different legal bases
In contractual mediation, Article 121(5) KC suspends limitation for claims covered by the agreement for the duration of mediation. Effective commencement must also be assessed under Article 183⁶ KPC. A contact form alone does not justify assuming that all time limits have been protected.
ADR before RF is subject to separate provisions: Article 33(3) of the Consumer ADR Act links commencement to delivery of an application meeting the requirements of paragraph 2; Article 36 provides that commencement interrupts limitation. Separately, Article 819 § 4 KC governs notification of a claim or insured event to the insurer. Do not equate these acts or RF intervention. The relevant dates and limitation period require examination of the documents.
What should be checked in a settlement with an insurer?
Establish whether the proposed sum is an additional payment or a full settlement, and whether it includes interest and costs. Check the payment date, the claims covered and the meaning of wording releasing all claims. For personal injury, discuss possible later consequences particularly carefully with your own lawyer. The decision should reflect current knowledge and the real implications of the terms.
A settlement can resolve only part of a dispute. In that case, clearly identify what remains unresolved. For an agreement reached before a civil mediator, Articles 183¹³–183¹⁵ KPC govern approval and enforceability. Neither the website’s cost calculator nor an illustrative scenario calculates damages due or predicts an insurer’s decision.
Sources for this section: [1, pp. 162–164, 166] [3] [2]
Educational scenario — a fictional example, not a case handled by the Foundation.
A disputed repair estimate after water damage
In this fictional example, a Kraków homeowner challenges part of an insurer’s assessment after water damage. They compare the decision with a contractor’s estimate and lodge a complaint. After receiving a response, they examine the RF procedure and the insurer’s willingness to enter private mediation.
The discussion may address particular items in the estimate and the documents needed to assess them. Any proposed additional payment requires checking the scope of settlement and payment date. The example does not establish liability, the amount due or whether the parties will reach an agreement.
Questions about this topic
Must the insurer agree to mediation at the Foundation?
Private mediation depends on the parties’ consent. A financial institution’s statutory duty to participate relates to the appropriate procedure before the Financial Ombudsman and does not automatically apply to a private mediator. Even before RF, settlement requires acceptance.
Does sending an enquiry protect me against limitation?
Sources and further reading
- Maciej Balcerowski, Diana Bożek, Mediacje w ubezpieczeniach, w: Janina Czapska, Maksymilian Szeląg-Dylewski (red.), Mediacje w prawie, Wydawnictwo Uniwersytetu Jagiellońskiego, Kraków 2014, s. 155–168. ISBN 978-83-233-3672-3.
Pages cited from this edition: 155–160, 162–164, 166.
- Ustawa z dnia 17 listopada 1964 r. – Kodeks postępowania cywilnego, tekst jednolity Dz.U. z 2026 r. poz. 468, ze zmianami; w szczególności art. 183¹–183¹⁵, art. 259¹, art. 436 i art. 445².
- Ustawa z dnia 23 kwietnia 1964 r. – Kodeks cywilny, tekst jednolity Dz.U. z 2026 r. poz. 795; w szczególności art. 121 pkt 5–6, art. 917–918 oraz przepisy o formie czynności prawnych.
- Ustawa z 5 sierpnia 2015 r. o rozpatrywaniu reklamacji przez podmioty rynku finansowego, o Rzeczniku Finansowym i o Funduszu Edukacji Finansowej, t.j. Dz.U. 2026 poz. 823; art. 35a–41.
- Ustawa z 23 września 2016 r. o pozasądowym rozwiązywaniu sporów konsumenckich, Dz.U. 2016 poz. 1823; w szczególności art. 33 ust. 2–3 oraz art. 36.
- Rzecznik Finansowy, Departament Pozasądowego Rozwiązywania Sporów: FAQ o reklamacji, postępowaniu interwencyjnym i polubownym oraz kosztach.
An original article drawing on the chapter by Maciej Balcerowski and Diana Bożek in Mediacje w prawie (2014). Historical descriptions of the Insurance Ombudsman and earlier legislation are not treated as current procedures. RF, mediation and limitation rules were checked as at 23 October 2026.
Educational material based on sources checked on 23 October 2026. It does not replace an individual legal assessment of a particular case. The scenarios are fictional and do not describe clients’ experiences or outcomes achieved by the Foundation. Legislation, judgments and research publications are cited alongside the relevant topics; DOIs are provided only for publications that have such an identifier.