Road accidents & compensations: 6 legal & financial tips to follow
Photo by Lucian Alexe on Unsplash
Traffic damage compensation represents financial compensation for all those who are materially or immaterially damaged in a traffic accident. Although this type of collection is legally guaranteed, many insurance companies tend not to recognize the legal basis of damage or manage to reduce their compensation obligation.
In this regard, we have devoted the following lines to clarifying your rights to compensation for damages so that you can be more careful in the future if you find yourself in this situation – so read our text to the end.
Who is entitled to insurance compensation?
The most common dilemma among citizens is the one related to the question of who has the right to compensation from traffic insurance.
Financial compensation based on the car liability insurance policy, i.e. compensation for insurance damage, is available to all injured persons in traffic, as well as to the perpetrator of the accident – if he, in addition to the policy mentioned above, also has voluntary accident insurance for the driver and passengers.
How does prescribing insurance work?
This type of insurance is prescribed by law and applies to every registered vehicle participating in traffic. Accordingly, it covers the liability of the owner of the vehicle insurance contract for damage caused to third parties.
Auto liability insurance seeks to protect the insured person in the event of a traffic accident, but also to protect the injured party by paying a certain amount of money for the degree of damage caused.
It is also important to note that passengers who were in the vehicle with the perpetrator of the traffic accident also have the right to compensation. They are guaranteed payment based on other policies – if they have individual insurance, collective accident insurance policies, life insurance, and the like.
Is there compensation for the mental pain suffering?
Even if you understand the no-fault law, you might still wonder if you can sue the other driver. You might need to file a lawsuit if you want to get compensation for pain and suffering and recover from certain types of damages. Filing a lawsuit is best done with the help of an expert lawyer because that way you will get the best outcome. Therefore, in addition to compensation for physical injuries, the following types of compensation for mental pain are also paid:
- Financial compensation for primary and secondary fear experienced by a person in a traffic accident
- Financial compensation for mental pain due to reduced life activities
- Financial compensation for mental pain caused by the death of a third party
The amount of compensation will be calculated according to the type of mental pain. Only close relatives of the deceased are entitled to the third category, i.e., financial compensation for mental pain due to death, if it is documented that they lived in the same home.
What are the conditions for obtaining insurance compensation?
Photo by Tingey Injury Law Firm on Unsplash
Most are not familiar with all the necessary items that you must check beforehand to fully exercise your right to this type of compensation, and it often happens that you are not paid due to these omissions.
In this regard, these are the conditions you must meet:
- The driver involved in the accident must have a correct and valid driver’s license;
- Drivers involved in traffic accidents must not be under the influence of alcohol or illegal substances;
- The driver must not intentionally cause a traffic accident;
- Drivers may not leave the scene of the accident on their own but are required to provide their personal and insurance information to a superior (police) beforehand;
- All vehicles involved in a traffic accident must be technically sound and registered;
Categories of road accidents
It is important to know that accidents of this type are grouped into 3 categories – minor, serious, and fatal traffic accidents. In the case of the last category, the damage is paid to the immediate family members of the deceased person.
A traffic accident, accident, or collision is determined based on the following parameters:
- speed;
- direction and movement of the vehicle;
- places of collision;
- vehicle deceleration.
How is the amount of damage determined?
The amount of damage is determined by an expert. First is the assessment of property damage, i.e., those damages that occurred. This refers to the amount of money that needs to be paid to repair the motor vehicle to bring it back to its pre-accident condition. In addition, the injured party has the right to compensation related to the decrease in the value of the vehicle, given that the car loses value after an accident.
We hope that this text was useful as well as instructive and that we have provided you with all the relevant information so that you can find your way around in the future more easily if you find yourself in a situation where you need compensation for damages.
