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Traffic accidents, unfortunately, are a daily occurrence on our roads. In addition to physical and emotional consequences, such events often result in legal and financial implications. If you were involved in a traffic accident and believe you are entitled to compensation, it's important to understand your rights and how to claim them.

What Types of Compensation Are Available?

Compensation can include material damages (vehicle repair, medical expenses, lost income) and non-material damages (physical pain, emotional distress, fear).

Who Has the Right to Compensation?

Any person who suffered damage due to a traffic accident, without having caused it, has the right to claim compensation.

This includes drivers, passengers, pedestrians, and cyclists who were injured or suffered property damage as a result of the accident.

Additionally, family members of the injured party may be entitled to compensation in the event of death or permanent injury.

Who Is Liable for the Damage?

The party responsible for the accident or their insurance provider is obligated to pay the compensation. If the vehicle was uninsured or the driver is unknown, the claim can be made through the Guarantee Fund.

The concept of "shared liability" may apply when multiple parties contributed to the accident, in which case the responsibility is proportionally distributed based on each party’s fault.

How to File a Compensation Claim?

A claim should be submitted to the liable party or their insurer and should include the following:

  • Information about the injured party
  • Information about the liable party
  • Details on whether the accident was reported to authorities or documented via the European Accident Report
  • Accident details (time, place, circumstances, and sketch of the incident)
  • Description of damages and supporting documentation

If, during out-of-court negotiations, the insurance company refuses to pay or an agreement cannot be reached, you have the right to initiate court proceedings to assert your claim.

Is There a Time Limit for Claiming Compensation?

Claims are subject to statutes of limitations – three years from the date you became aware of the damage and the liable party (subjective term), and five years from the date the damage occurred (objective term).

It is highly advisable to consult a traffic accident compensation attorney to determine the best legal strategy.