The injured passengers in a motor vehicle, pedestrians and other road users have the right to receive compensation for damages suffered by road accidents, with exception of the driver, responsible for the accident. In case the accident has resulted in the death of an injured person, then his heirs have the right to receive compensation.
The victims of road accidents must know that all personal injury damages as well as all movable and unmovable property damages, which are a direct and immediate consequence of the accident, are subject to compensation. The group of personal injury damages includes physical pain and emotional stress, suffered in connection with the injuries received by the victim (in case of severe and moderate bodily injury) or by his relatives (in case of death caused by an accident), while to the property damages refers to all costs incurred by the person in connection with the accident – costs for surgery, hospital stay, medication, rehabilitation, repair of damage to vehicles, as well as damage to property /buildings,houses, etc/.
The victims of road accidents have the right to receive compensation for the damages suffered by the driver responsible for the road accident or by the insurer under the compulsory civil liability insurance cover ( also known as 3dr party insurance cover) of the guilty driver.
In case of an accident in which you are injured, it is important to know that you should request from the Police, a copy of the statement of findings for the accident with the victims described in it and the guilty driver.
As a person injured in an accident or a relative (heir) of a person killed in an accident, it is advisable to consult an experienced lawyer so that you can get adequate legal advice and clarity on how and in what way you could claim compensation for personal injury and/ or property damages.
A claim for compensation could be made to the insurer, however, in case the insurance company refuses to pay, or the compensation offered is low, you could file a claim against the insurer before the competent court to consider it, so it is also possible to file a civil lawsuit in criminal proceedings against the guilty driver in the event that the accident caused death or severe or moderate bodily injury. However, you better decide, which way to seek and obtain compensation for excessive damages from the accident will be most appropriate in your case, after a detailed consultation with an insurance lawyer specialist.
Autor: Neli Ivanova – Solicitor / Advocate – Partner at Ivanova and Partners Law Firm