Every day in our country, road traffic accidents occur, resulting in numerous injured parties.
It is crucial for the injured individuals to understand that they have the right to claim compensation for the damages they have suffered.
- What Should I Do After a Road Incident Occurs?
Immediately following the incident, it is necessary to notify the Ministry of Internal Affairs, Road Police Department, which will prepare a record of the road traffic accident involving injured parties. This record will include details regarding the date and location of the incident, the participants, the injured individuals, the circumstances surrounding the incident, and information concerning the mandatory insurance “Civil Liability.” As a participant, you have the right to obtain a copy of the prepared record. It is important that you are recorded as an injured party, even if you are only slightly injured.
- Who is Considered an Injured Party?
An injured party may include the driver of a motor vehicle, a passenger, a pedestrian, a cyclist, or a motorcyclist. The injured party may sustain minor, moderate, or severe bodily harm or may even die as a result of the incident. The sole requirement for obtaining compensation is that the claimant must not be at fault for causing the road incident.
- If the Injured Party has Died, Who Can Claim Compensation?
If the injured party has died, their close relatives who suffer damages due to the death have the right to claim compensation. According to Resolution No. 4/25.05.1961 of the Plenary Session of the Supreme Court, only the closest relatives of the deceased are entitled to compensation—namely, their descendants (children), spouse, and ascendants (parents). Subsequently, with Resolution No. 5/24.11.1969, the Supreme Court recognized the right to compensation for a child who was being raised but not adopted, as well as for a person who cohabited with the deceased. The scope of beneficiaries was further expanded following Interpretative Decision No. 1/2018 in Interpretative Case No. 1/2016 of the Supreme Court’s Specialized Court, which established that other individuals who have developed a permanent, lasting, and profound emotional connection with the deceased may also claim compensation for the moral damages and suffering caused by their death. For these latter individuals, compensation is awarded only in cases of significant closeness—where life circumstances have fostered such a bond that justifies compensation for the actual non-material damages suffered, alongside the closest relatives of the deceased. In cases where the injured party has personally filed a claim through judicial means and subsequently dies during the proceedings, their heirs should be substituted in the process.
- What is the Time Limit for Submitting a Claim for Compensation?
The statute of limitations for claiming compensation is five years. It is important to note that you also have the right to claim statutory interest on the compensation, which is subject to a three-year statute of limitations.
- What Damages Are Compensable and How Is Their Amount Determined?
Compensation may be claimed for all suffered non-material and material damages. Non-material damages are expressed as specific moral pain and suffering endured by the injured party following the incident. Compensation for non-material damages is determined based on fairness, taking into account specific facts pertaining to each individual case. Material damages may encompass damages to the vehicle, with the amount needing to correspond to the value of the damage. Expenses related to the treatment of the injured party may also be claimed, and it is crucial for the injured party to have documentation substantiating these expenses, including invoices. Additionally, lost earnings during recovery may be claimed, such as income lost due to commitments that could not be fulfilled because of the deteriorated health condition resulting from the incident. In cases of death caused by the accident, close relatives of the deceased who have suffered material damages due to their inability to receive further support from the deceased may also claim compensation for those damages.
- Who Should I Contact to Receive Compensation?
Claims for compensation may be directed to either the at-fault driver or their insurance provider under the mandatory “Civil Liability” insurance. If the claim is directed to the insurance company, a specific procedure outlined in the Insurance Code must be followed to receive compensation. Initially, a claim must be made to the insurer requesting compensation voluntarily, with a deadline for a final decision on the claim not exceeding three months from its submission. Typically, insurers propose significantly reduced compensation amounts or refuse to pay altogether, leading to the need for judicial proceedings. It is essential to initially request a fair compensation amount from the insurer because the amount cannot be altered once a lawsuit is filed in the relevant court. Compensation may also be claimed in situations where the at-fault driver lacks “Civil Liability” insurance, the perpetrator is unknown, or they are insured with a different insurance provider. The insurance company or the at-fault driver may raise several defenses during the proceedings concerning your right to compensation, including claims of contributory negligence (e.g., failure to wear a seatbelt, crossing at an unmarked location, alcohol consumption).
Therefore, it is necessary to engage a specialist who can determine the amount of the claim, ensure all required documentation is provided, and adequately protect the rights of the injured party, enabling them to receive appropriate compensation that corresponds to the material and non-material damages suffered. Insurance companies often exploit the ignorance and inexperience of the injured parties by entering into agreements that result in significantly lower compensation amounts, leaving the injured parties without further claims and inadequately compensated. In my practice, after filing a claim through judicial means, the court has determined that the fair compensation owed to the injured party is several times greater than the amount initially proposed by the insurer. Hence, professional legal assistance is essential to fully safeguard your rights.
If you have been injured in a road traffic incident, the team at Mikinski & Partners Law Office can provide you with the necessary professional legal assistance.
