Liability of the Guarantee Fund in case of road accidents

Liability for non-pecuniary damage in traffic accidents (traffic accidents) is a key element in the legal system of the Republic of Bulgaria. According to the current legislation, this liability can be sought from the driver at fault for the accident, from his "Civil Liability" insurer or from the Guarantee Fund.

The responsibility of the Guarantee Fund (GF) in Road accident is an essential part of the legal framework that provides protection to injured parties in cases where the at-fault driver is not identified or does not have valid third party liability insurance. This liability is regulated in detail in Bulgarian legislation, and the procedure for filing claims with the Guarantee Fund requires specific legal knowledge and experience. In this article, we will examine the main aspects of the GF's liability, the procedure for filing claims, the statute of limitations, the prerequisites and features of this liability, as well as examples from case law.

Learn more about Third party liability insurance„

When does liability for the Guarantee Fund arise?

The Guarantee Fund is obliged to compensate for non-pecuniary and material damages in the following cases:

1. Unidentified motor vehicle (MPS): When the at-fault driver of a traffic accident is not identified, which is a common case in the fund's practice.
2. Lack of valid insurance: When the driver of the motor vehicle does not have valid compulsory third party liability insurance or passenger accident insurance. This also covers cases where the insurance policy is invalid for various reasons, such as driving under the influence of alcohol or drugs.
3. Bankruptcy of an insurer: The Guarantee Fund is also responsible for compensating for damages in the event of the insolvency of insurers offering compulsory third party liability and/or accident insurance. This ensures that injured persons will not be deprived of compensation, even when the insurer is financially insolvent.

Learn more about the rights and obligations of pedestrians

Procedure for filing a claim

The procedure for filing a claim with the Guarantee Fund includes several basic steps:

1. Notification: The injured party must submit a written notification to the Guarantee Fund, describing the accident and the circumstances surrounding it. The notification must be submitted within the statutory deadline for filing a claim.
2. Documentation: All necessary documents, including a traffic accident report, medical certificates, as well as other evidence related to the traffic accident, are attached to the notification.
3. Damage assessment: After receiving the documents, the Guarantee Fund conducts an assessment of the damages caused during the accident. The Fund's Board of Directors is responsible for issuing a decision on compensation, which is usually paid within three months (this is also the legal deadline for responding to the claim).
4. Expiration: The statute of limitations for filing claims before the Guarantee Fund is five years. These terms begin to run from the date of the accident.

Case law

The Supreme Court of Cassation (SCC) has considered numerous cases related to the liability of the Guarantee Fund. In some of them, great attention is paid to the need to fully prove all elements of the tortious legal relationship, including the causal link between the act of the at-fault driver and the damage incurred. The court accepted that the Guarantee Fund is obliged to compensate the victims even when the at-fault driver is not identified, which underlines the important role of the fund in protecting the rights of the victims.

Another important aspect of the case law is related to the circle of persons who are entitled to compensation in case of a road accident. According to the Interpretative Decision of the Supreme Court of Cassation, compensation may also be awarded to persons who had a particularly close emotional relationship with the deceased in the case. This decision extends the right to compensation to persons outside the traditional circle of relatives, which is an important development in case law and guarantees greater protection of the rights of victims.

When does the Guarantee Fund not respond??

Some of the cases in which the Guarantee Fund may not be liable are:

• Damages suffered by the at-fault driver of the vehicle;
• Damage caused to the property of a passenger in the motor vehicle driven by the at-fault driver, or to the property of a family member of the at-fault driver;
• Damage caused to the motor vehicle driven by the at-fault driver, as well as damage caused to property transported in that motor vehicle;
• Damage caused when using a motor vehicle to participate in competitions, provided that compliance with road traffic rules was not mandatory for the participants in the competition;
• Damage caused by the transportation of radioactive, chemical or other materials posing an increased danger;
• And others.

Learn when the injured party is also at fault for the accident

The liability of the Guarantee Fund in case of road accidents is of critical importance for the protection of the rights of victims. The Guarantee Fund provides compensation in cases of unidentified driver, lack of valid insurance or insolvency of an insurer.

The procedure for filing claims is specific and requires detailed knowledge of insurance law. In these cases, professional legal assistance, such as that provided by the Delikti.bg team, is essential for the successful realization of the rights of victims. Our law firm has extensive experience in this area and is ready to provide you with the necessary legal support. Contact us.