Compensation for road accidents outside Bulgaria – What are my rights and who is held liable?
A road traffic accident abroad is one of the most stressful situations a person can find themselves in. The environment is unfamiliar, language is often a problem, and procedures differ from Bulgarian ones. Regardless of whether the accident occurred in a European Union country, the United Kingdom, Turkey, Serbia or another country, Bulgarian citizens are entitled to compensation. The differences mainly come from which law applies, how a claim is filed and who should be held liable.
Where does the right to compensation arise?
The right to compensation in the event of a road accident outside Bulgaria arises under the laws of the country in which the accident occurred. This means that the rules for liability, proving damages and determining the amount of compensation are determined by local legislation. Even if the injured party is a Bulgarian citizen, this does not change the fact that the case is considered according to the laws of the respective country. Despite this principle, there are facilitated mechanisms, especially within the European Union, which allow the claim to be filed and considered in Bulgaria.
What to do immediately after the accident
Actions on the spot are of key importance. It is a good idea to call the police, as in a number of countries a report is mandatory for compensation. It is advisable to take details of the other driver, the insurer, the car, as well as take photos and collect contact details of witnesses. A medical document from a local medical facility is one of the most important pieces of evidence for a subsequent claim, regardless of whether you felt unwell immediately or the symptoms appeared later.
Compensation for road accidents in an EU country
If the accident occurred in the European Union, the procedure is significantly easier. The injured party can file a claim directly in Bulgaria, to the Bulgarian representative of the foreign insurer. When the insurer is unknown, has no local representative or refuses to cooperate, the claim is filed with the Guarantee Fund. This facilitates communication, because all documents are submitted in Bulgarian, and correspondence is conducted with a Bulgarian entity. Compensation includes medical expenses, transportation, lost income, pain and suffering, rehabilitation and all other damages suffered.
Car accident in the UK, Turkey or Serbia
For accidents outside the EU, the rules vary by country. After Brexit, the UK no longer operates the national correspondent mechanism, but claims can be made remotely against the British insurer, with compensation often being higher there. In Turkey, compensation is paid under the mandatory Turkish Third Party Liability insurance, and it is important to have a police report and a medical document from a Turkish hospital. In Serbia, the mechanism is similar to the European one, but the claim is submitted to the local insurer or its representative, and the process is relatively straightforward if the necessary documentation is available.
Who is being held accountable?
Usually, liability is sought from the at-fault driver's "Civil Liability" insurer. In cases of an unknown or uninsured driver, the claim is forwarded to the relevant state guarantee fund. In the case of work-related accidents, the employer may also be liable. In some countries, liability is also allowed for the authorities that maintain the road infrastructure if the accident was caused by shortcomings such as poor pavement or lack of signaling.
Is a lawyer needed in a car accident abroad?
Legal assistance is especially important because each country has its own procedures, deadlines and specifics. A lawyer is recommended for more severe injuries, insurer refusal, missing documents, language barrier or when it is not clear who is exactly responsible. The right strategy can significantly increase the amount of compensation and speed up the procedure.
What damages are subject to compensation?
Compensation may include pain and suffering, medical expenses, rehabilitation, hospitalization, lost earnings, medical expenses upon return to Bulgaria, permanent disabilities, invalidity and other consequences. In some countries, especially in Western Europe and the UK, compensation is significantly higher than the standards in Bulgaria.