Have you been the victim of a road accident? You have the right to get compensation from the at-fault driver’s MTPL insurer.
In the unfortunate event that you have been involved in a road accident and you are not at fault, the law gives you the right to claim compensation from the MTPL insurer of the driver at fault.
Which road events are considered accidents by law?
The legislation in force defines a road accident as an event involving at least one vehicle resulting in material damage and/or injury to the health and body integrity or death of one or more persons.
Who pays the compensation to which you are entitled as a road accident victim?
It is very common for the person responsible for the accident to be a relative or a person close to the person claiming compensation, especially if the injured party was a passenger in the car driven by the driver at fault. This raises the question of whether the person responsible for the accident must pay the victim’s compensation directly. The answer is no. Compensation will only be paid in these situations by the MTPL insurer, who is legally obliged to compensate the persons involved in the accident. Thus, the person responsible for the accident will not pay any amount directly to the victim.
What compensation can be claimed from the MTPL insurer?
The MTPL insurer is obliged by law to compensate the party involved in the accident for the damages suffered as a result of the accident caused by the insured vehicle, provided that they are proven. Thus, according to the legislation in force, you can obtain compensation for, among other things:
- Bodily injuries sustained by you as a result of the road accident. These are assessed on the basis of objective criteria and must be proven in court.
- In the unfortunate event of the death of a close relative, relatives such as children, grandchildren, brothers, sisters, spouse, cohabitee, or persons who were dependent on the accident victim or who can prove that they have suffered a direct loss as a result of the death of the person involved in the accident is entitled to compensation from the MTPL insurer.
- The compensation will also cover the costs related to the damaged car, namely: costs of repairing the vehicle, costs of towing or transporting it from the place where the road accident occurred to the place where it will be repaired, and even costs arising from the lack of use of the damaged car.
In addition to these damages I have listed for illustration, the insurer will also pay compensation for other damages until all damages suffered by the accident victim are fully compensated.
How long after the accident can you claim compensation?
As a general rule, you have the right to claim compensation within three years of the road traffic accident. However, there are situations where the three-year period is suspended or interrupted, but these can only be determined by a specialist lawyer after studying your case.
What are the legal ways to claim compensation?
The compensation you are entitled to as an accident victim can be obtained by making a claim to the insurer or through the courts. However, in most cases, compensation will be obtained through the court because insurance companies usually respond to claims with derisory offers offering small amounts in relation to the damage caused. It is precisely for this reason that the court is the one that objectively determines the amount of money that is capable of compensating the victim for the entire damage suffered.
How can we help you recover damages, and why is it good to call on our lawyers to specialize in such disputes?
Unfortunately, it is common knowledge that many companies offer insurance services that, in the end, prove to be highly detrimental to victims. Thus, the pitfalls of assistance contracts concluded by these companies with road accident victims are commonplace, with unfair and extremely detrimental clauses for them and agreements with insurers whereby victims obtain a small amount of money.
Thus, in addition to aggressive advertising and seemingly free services, these companies may contact you directly, either through social media or in person. It is essential not to be deceived by these practices and to use UNBR member lawyers.
Our specialist lawyers will advise and assist you in recovering the money you are owed as a result of the accident.
We will then analyze your file, draft claims to the insurer, and take legal action. Furthermore, if a criminal case has been opened as a result of the accident, we will assist and represent you in that case as well.
Our work is characterized by transparency and seriousness, and you will always be informed about the progress of your case.