Rights of the insuree in the event of accident

Rights of the insuree in the event of accident?

Motor vehicle driver can be guilty of causing a traffic accident where other vehicle, injury to a person or damage to other objects can occur. In this case, insurance company that insured the guilty driver is obliged to compensate damage incurred to the third party - owner of the damaged object or injured person.

Right to damage compensation

In order to reach the right for damage compensation it is necessary that at the time of accident data on name, surname, address, vehicle registration number and data on the insurance company (number of the insurance policy and validity of insurance) be exchanged. If the driver that caused the traffic accident refuses to provide mentioned data - it is obligatory to note down the registration number, make and type of vehicle and request investigation of the respective authorities.

In order for the injured party (for the vehicle, other damaged object or bodily injury) claim damage from the insurance company it is necessary to:

report occurrence of the damage (in the damage report received from the insurance company) as soon as possible;
submit a request for damage compensation to the insurance company including evidence on the scope of damage and cost of the damage to the vehicle.

The request should contain the following annexes:

Minute prepared by the relevant body of the Ministry of Internal Affairs on the investigation taken after the traffic accident took place;
Information on the insurance policy number or it's photocopy or if the damage was made a vehicle with foreign registration place, a photocopy of the green card or short-term border insurance policy;
Minute on the damage to the motor vehicle or other object (this Minute is prepared by the authorised employees of the insurance company that is responsible for damage compensation), i.e. finding of the authorised medical institution if there are injuries (non-material damage).
Witness statements (if there were witnesses of the traffic accident).

In case there are no documents stated above, the insurance company is obliged to find necessary documentation for the purpose of determining the legal basis.

Compensation of damages caused by uninsured, unknown vehicles and vehicles insured with insurance companies undergoing bankruptcy procedure

According to the provisions of the Law on Insurance of property and persons a guarantee fond is established (from the contributions of the insurance companies). Following types of damages are settled from the guarantee fond:

caused by use of motor vehicle with no obligatory insurance (uninsured vehicle);

bodily injuries (nonmaterial damages) caused by an unknown motor vehicle;

caused by vehicles with obligatory insurance, but where the insurance company that issued the policy is undergoing bankruptcy procedure.

Compensation of damage caused by vehicles with foreign registration plates

In the event of accident and in case where the accident is caused by vehicle with foreign registration plate and where the vehicle has a valid insurance document (green card or border insurance policy for vehicles from the countries not included in the green card system) one must produce papers on insurance (green card or border insurance policy).

1. If the driver that caused the accident has green card insurance the damaged party:

can submit a damage claim to any of the domestic insurance companies and it is obliged to compensate the claim; or

can request payment of the claim directly from the foreign insurance company under the condition that the foreign country recognises the right of the damaged party for a direct request based on the obligatory motor vehicle insurance.

2. If the driver that caused the accident has the so-called border insurance policy, the damaged party submits the claim to the insurance company that issued the border insurance policy.

3. If a foreign vehicle does not have the green card nor the so-called border insurance policy (i.e. is not insured) the damaged party acts as in case of damaged caused by uninsured vehicles.

Divided Liability

In cases of accident it is possible that both sides are guilty. Then we have the so-called divided liability.
In case of divided liability the insurance company compensates damage to the percent of insuree's liability for the damage made, and not the full damage claim.

Recourse with obligatory motor vehicle insurance

Regardless of the obligatory motor vehicle insurance contract, the insurance company reserves the right to recourse. In the following cases:

if a driver is driving under the influence of alcohol, drugs or similar narcotics;

if the vehicle is driven by a person without driver's licence;

if it is proven that the traffic accident is made on purpose.