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.
Compensation can include material damages (vehicle repair, medical expenses, lost income) and non-material damages (physical pain, emotional distress, fear).
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.
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.
A claim should be submitted to the liable party or their insurer and should include the following:
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.
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.