+359 883 333 797
Road Traffic Accidents
Am I entitled to compensation for damages in a road traffic accident?
Any person who has suffered damages from a road traffic accident (RTA) is entitled to compensation. This includes pedestrians, passengers, and other road users. The only exception to this rule applies to the driver who is at fault for the accident. The alarming statistics on this issue in the Republic of Bulgaria, as well as the measures the state undertakes to prevent the high number of road incidents, demonstrate the wide scope of application of these cases of tort.
All pecuniary and non-pecuniary damages that are in a causal relationship with the road traffic accident are subject to compensation. Pecuniary damages include expenses for treatment, surgeries, hospital stay, vehicle repair, and others. Non-pecuniary damages, in turn, include all negative consequences that do not have a monetary value – pain, suffering, and negative emotions related to the incident.
What Should You Do After a Road Traffic Accident?
After the occurrence of a road traffic accident, the following documents establishing the incident may be prepared:
01. Bilateral accident report
When only material damages have been caused in the accident, which do not prevent the vehicle from moving on its own, and there is agreement between the participants regarding the circumstances of the accident.
02. Official accident report
Such a report is prepared in cases where there are injured persons, and a detailed plan-scheme of the accident is drawn up by the “Traffic Police” authorities of the Ministry of Interior.
03. Accident report for material damages
The first two documents are prepared by the ‘Traffic Police’ authorities of the Ministry of Interior, while the third is prepared by the two drivers involved in the accident, without the need for the authorities to attend the scene. Regardless of the above, you should first seek medical assistance, stabilize your health condition, and contact a lawyer. You should also keep all documents related to your treatment, as you will need to prove before the court the amount of the pecuniary damages you have suffered.
Finally, consider and contact people who witnessed the incident, as well as its consequences for you. Witness statements are a very important means of evidence in court proceedings.
For which damages are you entitled to compensation?
In the event of a successfully proven claim, you would receive compensation for the full amount of the pecuniary damages you have suffered. In addition to pecuniary damages, every injured party is entitled to monetary compensation for the non-pecuniary damages (pain and suffering) they have experienced in connection with the incident.
The amount of non-pecuniary damages in the case of an RTA is determined by the court on the basis of fairness, taking into account the specifics of each individual case. Furthermore, you would also be entitled to compensation for the difference between your salary and the compensation paid for temporary incapacity for work.
Our specialists can advise you on the justified amount of your claim.
From whom may I claim compensation?
The answer to this question depends on the specifics of each individual case. In general, liability may be sought from three groups of entities: the driver at fault for the accident, their insurer under the “Motor Third Party Liability Insurance”, or the Guarantee Fund. Injured parties must submit their claim for payment voluntarily to the insurer, providing all available documents, as well as a bank account to which the insurance compensation may be paid.
How can we assist you?
After the expiration of this 3-month period, the injured party or their heirs, who have not received compensation and/or have not been fully satisfied, have the right to обратиться to the court and claim payment of compensation together with statutory interest. If you contact us, we will provide you with consultation regarding your rights and may undertake your legal representation.
