Compensation for car damage after a traffic accident: What does it include and how to get it?

Compensation for damage to a car after traffic accident aims to cover all damages caused as a result of the accident. The law provides protection to injured parties and the opportunity to receive fair compensation when they are not at fault for the accident.

Who is entitled to compensation?

Any person who has suffered damage as a result of road accident, is entitled to compensation, with the exception of the driver at fault for the accident. The compensation covers all property and non-property damages that are in a direct causal relationship with the traffic accident.

Property damages include medical expenses, surgeries, hospital stays, vehicle repairs or restoration, and other expenses incurred in connection with the accident. Non-pecuniary damages include pain, suffering, stress, and negative emotional consequences that do not have a direct monetary value but are subject to compensation.

What Should You Do After a Road Traffic Accident?

After a traffic accident, it is important to draw up documents that certify the incident. Depending on the specific case, these can be a traffic accident report if there are injured persons, a report for a traffic accident with material damage, or a bilateral report when only material damage was caused and there is agreement between the participants regarding the circumstances of the accident.

The first two types of protocols are compiled by the Traffic Police authorities of the Ministry of Interior, and the bilateral report of findings is filled out by the participants in the accident themselves, without the intervention of state authorities.

Who owes compensation?

Liability for payment of compensation may be sought from the at-fault driver, from his insurer under the compulsory "Motorists' Civil Liability" insurance or from the Guarantee Fund. In over 95% of the cases, the victims submit their claims directly to the insurer of the at-fault driver, as insurance companies are considered reliable payers and guarantee actual payment of the compensation due.>

How to get compensation?

Those injured in a road accident should submit their claim voluntarily to the insurer, presenting all available documents proving the occurrence of the accident and the damages caused, as well as a bank account for payment of compensation.

According to Article 18 of Regulation No. 24 of 08.03.2006, the maximum term for payment of the insurance compensation is 3 months from the date of filing the claim.

What can we help you with?

If after this period the compensation has not been paid or you are not satisfied with its amount, the accident victim or his heirs have the right to seek legal protection and claim the compensation due together with the legal interest.

The Delikti.bg team can assist you with legal consultation, case analysis, and full legal representation. Contact a lawyer or legal professional with experience in traffic accident cases and insurance claims to effectively protect your rights.

Author: Boris Nikolov