As of January 1, 2022 to the Civil Procedure Code, pursuant to Art. 2 point 3 of the Act of December 2, 2021 (Journal of Laws 2021.2328) amending the above-mentioned The Act, a new provision was added – Art. 7523. It establishes the financial scope of the judicial security of claims based on art. 444 § 2, which provides that if the injured party has lost all or part of the ability to work, or if his needs have increased or the prospects of future success have decreased, he may require the person obliged to repair the damage to receive an appropriate pension or pursuant to Art. 446 § 2, talking about the possibility of claiming a pension from the person obliged to redress the damage due to the death of the injured person, for the benefit of the person to whom the deceased had a statutory maintenance obligation.
This security takes the form of a monthly allowance for the provision of means of subsistence in connection with the damage suffered only as a result of a tort, which constitutes one of the crimes against safety in road transport, referred to in Chapter XXI of the Criminal Code, or murder with the use of a motor vehicle in in land traffic, or deliberately causing serious damage to health with the use of a motor vehicle in land traffic.
This security may not be lower than the amount of the lowest old-age pension currently amounting to, pursuant to Art. 85 sec. 2 of the Act of 17 December 1998 on pensions from the Social Insurance Fund PLN 1250.00 per month. The exception when the collateral may be lower than this amount is when obtaining disability benefits from other sources would support granting collateral in the amount of a lower amount. The upper limit for the monthly benefit is the amount of the victim’s monthly net salary or income in the period preceding the event and five times the amount of the lowest old-age pension, i.e. PLN 6,250.
