Indemnity for injured persons in traffic accident under Motor TPL insurance
WHO IS ENTITLED TO COMPENSATION UNDER MTPL
Anyone who has suffered non-material and/or pecuniary damage in a traffic accident ("road accident") is entitled to compensation from the insurer of the guilty driver under "Motor Third Party Liability" insurance ("MTPL").
The passengers from the car of the guilty driver are also entitled to compensation under the MTPL of the guilty driver.
In cases where both drivers are to blame for the crash, each victim has the right to claim compensation from either of the two MTPL insurers at his own discretion, because the insurers are jointly liable.
A pedestrian, hit in a place that is not a pedestrian crossing, is also entitled to compensation from the MTPL insurer of the driver of the car. It is important to note that if the insurer proves that the victim contributed to the occurrence of the accident, respectively to the cause of the damage, the insurance compensation may be reduced.
The relatives of a person who has died in an accident are also entitled to compensation.
Only the driver of the car that caused the crash is not entitled to compensation when it is proven that he is fully responsible for the accident.
HOW TO PROCEED IN CASE OF ROAD ACCIDENT
It is important to notify the insurer of the accident as soon as possible. Then, you must submit a written claim to the insurer with a specified bank account of the injured party. The submission of the claim to the insurer is a condition precedent for the filing a claim to the court if you're not satisfied with the amount offered by the insurer.
In cases where the accident is caused by an unidentified vehicle or a motor vehicle, which does not have valid third-party liability insurance, the claim shall be submitted to the Guarantee Fund.
If no agreement is reached on the payment of compensation within the legal deadline, you have the right to bring a legal claim. You can also contest the compensation in court if you do not agree with its amount. It is best to consult in advance with a lawyer who has significant experience in insurance law.
TIME LIMIT FOR CLAIMING COMPENSATION
There is no time limit for submitting the written claim to the MTPL insurer.
However, there is a 5-year limitation period, and with its expiration, your rights under MTPL insurance are extinguished, including your right to file a lawsuit against the insurer.
In the Insurance Code there is no requirement for the claim to the insurer to be filed after the criminal proceedings against the guilty driver have been completed. There is only a possibility for the insurer to require these documents if the circumstances surrounding the causes of the crash are not established in an indisputable way from the documents submitted with the claim.
DEADLINE FOR THE RESPONSE OF THE INSURER/GUARANTEE FUND
The maximum legal deadline for the response of the insurer or the Guarantee Fund is 3 months from the date of filing a claim.
DETERMINATION OF COMPENSATION
Compensation includes both material damage suffered (e.g. costs of treatment, medicines, rehabilitation, repair of damaged vehicles and/or any other costs associated with destruction or damage to property) and non-material damage (so-called moral damage related to pain, stress, tension, mental and emotional suffering) resulting from bodily injury or death. The insurer also covers damages caused to another vehicle.
Non-material damages are determined by the Court еx aequo et bono. With regard to them, there is still no uniform specific calculation methodology, which is why each insurer determines the amount of the indemnity himself. That is why it is important to contact an insurance lawyer to provide legal arguments for your claim.
When there is a death as a result of the accident, then the amount of compensation is determined depending on the mental and emotional suffering related to the loss of the loved one.
The compensation of an injured participant in the accident is reduced when he has contributed to the occurrence of the harmful result.
Very often, insurers offer minimal compensation to the victim, as they rely on his incompetence. In such cases, a good lawyer who has experience and knows well the case law related to the determination of insurance benefits in case of road accidents can protect the interests of the victim.
This article has been prepared for the purposes of general information only and does not constitute legal advice with respect to any particular subject or situation. For specific legal advice, you should contact an attorney-at-law. Stoeva, Tchompalov & Znepolski is not responsible for any legal action undertaken on the basis of the information contained herein.