Following a road traffic accident, it is not just a question of repairing the car. There are also costs associated with medical treatment, vehicle recovery, hiring a replacement car, or repairing damaged property. However, the mere fact of the accident does not automatically guarantee compensation. The losses must be substantiated with supporting documents. This is where the procedure for claiming compensation following a road traffic accident comes into play.
What can be compensated?
The law allows you to claim compensation for actual losses incurred as a result of a road traffic accident. Material damage may include:
- car repair costs;
- the cost of destroyed property;
- vehicle recovery;
- vehicle storage;
- medical expenses;
- loss of earnings due to temporary incapacity to work.
Moral damages are considered separately. However, their amount is determined separately.
Documents confirming the amount of damages
The claim must be supported by evidence. The following are typically used:
- accident report materials;
- damage assessment report;
- invoices and certificates of work performed;
- medical records;
- receipts and invoices;
- documents regarding lost income.
The more comprehensive the set of documents, the easier it is to justify the amount of compensation.
Who compensates for damages following a road traffic accident?
The source of compensation depends on the circumstances of the accident. Payments may be made by:
- the insurance company;
- the party at fault for the accident;
- both the insurance company and the person responsible, covering different parts of the losses.
However, in practice, insurance compensation does not always cover all costs. In such a situation, the difference can be claimed directly from the person who caused the road traffic accident.
Preparing claims for compensation
Before submitting a claim or bringing a lawsuit, it is important to calculate the amount of damages correctly. A road traffic accident lawyer helps to:
- assess the prospects of the case;
- check the documents;
- identify the appropriate defendant;
- calculate the amount of the claim;
- prepare the evidence.
A mistake at this stage may lead to the rejection of part of the claims. Or to a reduction in the amount of compensation.
A traffic accident lawyer to protect the interests of the injured party
When a dispute arises regarding the amount or grounds for payment, legal assistance is required. And this must be backed up by documents. A road traffic accident lawyer does not merely deal with the circumstances. They verify the calculation of damages. They assess the legality of refusals and the validity of the other party’s objections.
This influences the further development of the case and the possibility of obtaining full compensation.
Procedure for claiming compensation
Once the amount of damages has been determined, the next stage begins. A claim must be made. Depending on the situation, various mechanisms are applied:
- contacting the insurance company;
- sending a written claim to the party at fault;
- entering into a voluntary settlement;
- filing a claim in court.
Much depends on the other party’s position. If liability is acknowledged, the matter is resolved more quickly. If there is a dispute regarding fault or the extent of the damages, the process becomes more complicated. It is then that legal proceedings following a road traffic accident arise, where each party must substantiate their claims with evidence.
When can you claim compensation for non-pecuniary damage?
A road traffic accident causes more than just financial loss. Grounds for compensation for non-pecuniary damage may include:
- physical pain due to injuries;
- long-term treatment;
- psychological stress;
- a change in one’s usual way of life;
- distress caused by the loss or damage of property.
Such claims also require justification. The court assesses not only the fact of the road traffic accident itself, but also the consequences for the injured party.
Legal assistance from Svarog
Cases involving compensation for damages require not only knowledge of the law but also the correct preparation of documents. Svarog’s lawyers assist with:
- determining the nature of the damages;
- gathering the necessary evidence;
- calculate the claims;
- prepare claims and lawsuits;
- represent the client’s interests during negotiations and in court.
We analyse the situation even before the dispute begins. This helps us avoid mistakes and establish a well-founded position from the outset. So, if you need compensation for damages following a road traffic accident, contact the lawyers at Svarog.
Questions and Answers
How do I claim compensation for damages following a road traffic accident?
You need to document the circumstances of the accident, confirm the extent of the damage with supporting documents, and contact the insurance company or the person responsible directly.
Who compensates for material damage following a road traffic accident?
Compensation may be paid by the insurance company, the person responsible for the accident, or both, depending on the circumstances of the case and the extent of the damage.
Can you claim compensation for non-pecuniary damage following a road traffic accident?
Yes. The law allows you to claim compensation for non-pecuniary damage if the road traffic accident has caused physical or psychological consequences.
What should you do if the person responsible for the road traffic accident does not pay?
You must prepare a written claim, gather evidence and apply to the court for enforcement of payment.
What documents are required for a claim for damages?
Usually, you will need the accident report, a damage assessment, receipts, certificates of work carried out, medical records and other evidence of expenses.
How long does it take to recover damages following a road traffic accident?
The duration depends on the complexity of the case, the positions of the parties and the method of dispute resolution. If the case goes to court, proceedings may take several months or longer.