Traffic accidents can have long-lasting consequences on health, property, and financial stability. In such situations, the right to compensation for damages is a crucial mechanism for returning to normal life and covering the losses incurred. This article aims to explain the process of claiming compensation, the rights of passengers, and the importance of properly managing the claim.
Who is entitled to compensation for damages?
Anyone who has suffered material or immaterial damage as a result of a traffic accident has the right to file a claim for compensation. This category includes:
- Drivers of vehicles who did not cause the accident.
- Passengers in vehicles (regardless of who caused the accident).
- Pedestrians and cyclists who were victims of the accident.
It is important to note that passengers in the vehicle, regardless of whether it was the responsible or non-responsible vehicle, have the right to claim compensation. This right is realized through the vehicle’s insurance that caused the incident.
How to claim compensation for damages?
The process of claiming compensation consists of several steps:
Filing a claim with the insurance company The first step is to file a compensation claim with the insurance company of the vehicle that caused the traffic accident. The claim should include all relevant evidence, such as:
- The police report from the accident.
- Medical documentation confirming the injuries.
- Invoices for incurred expenses (treatment, vehicle repairs, etc.).
The insurance company is required to review the claim and make a decision within the legally prescribed period.
Filing an objection If the insurance company rejects the claim or offers an inadequate compensation amount, the injured party has the right to file an objection. The objection should be submitted directly to the company, stating the reasons for dissatisfaction with the decision and providing additional evidence if necessary.
Filing a lawsuit If the insurance company does not resolve the objection in favor of the injured party, the final step is to file a lawsuit in the competent court. At this stage, it is crucial to hire an experienced attorney to represent the injured party and take all necessary legal actions.
What does compensation for damages cover?
Compensation can be material and nonmaterial.
Material Compensation
Material compensation covers the direct financial losses incurred as a result of the traffic accident. This category includes:
- Costs for vehicle repairs.
- Medical treatment expenses.
- Loss of income due to inability to work.
- Other costs directly related to the accident.
Nonmaterial compensation
nonmaterialcompensation refers to compensation for physical pain, emotional distress, fear, and diminished quality of life. The amount of immaterial compensation is determined based on the individual circumstances of the case and the extent of the damage suffered.
Deadlines for filing a compensation claim
The law sets specific deadlines within which the injured party must file a claim for compensation. Typically, the deadline is three years from the date the damage occurred. However, there are exceptions, so it is important to consult with an attorney on time to avoid losing the right to compensation.
Why is legal assistance important?
Traffic accidents can be complex cases, especially when it comes to determining liability and calculating damages. Hiring an experienced lawyer in this field provides several benefits:
- Proper preparation of documentation.
- Representation before insurance companies.
- Protection of the injured party’s rights before judicial authorities.
Frequently Asked Questions (FAQ)
Do passengers in a vehicle have the right to compensation for damages?
Yes, passengers have the right to compensation regardless of whether they were in the responsible or non-responsible vehicle.
How long does the compensation process take?
The duration depends on the complexity of the case, but insurance companies are required to respond within a legally prescribed time.Court case can take 1-2 years
What if the insurance company rejects the claim?
In case of rejection, an objection can be filed, followed by a lawsuit in the competent court.
Closing arguments
Traffic accidents impose a heavy burden on the injured parties, but through the proper legal process, adequate compensation can be achieved. Hiring an experienced attorney is a key step in protecting your rights and obtaining fair compensation for the losses incurred.
