Traffic Accident Victim: How to Claim Compensation for Damages?

Becoming a victim of a non-fault traffic accident can be a stressful experience. It is therefore important to know how to proceed correctly in such a situation.

Here are the key steps and information you should know:

Compensation through the at-fault party's insurance

If you have suffered damage as a result of another driver's fault, you have the right to claim compensation from the insurance company with which the at-fault party has mandatory liability insurance. This compensation can cover both material damages (vehicle damage) and non-material damages (pain and suffering, medical expenses, permanent consequences, etc.).

Evidence collection

Record as much information as possible about the accident, including photos of the accident scene, video recordings, witness contacts, and police report/confirmation of the traffic accident. This documentation is essential for asserting your claim for compensation. Also important are evidence of the damage incurred (medical reports, receipts for medicines and medical aids, etc.).

Uninsured or unknown at-fault party

If the at-fault party of the traffic accident was unknown or uninsured, you can assert your claim with the so-called Czech Insurers' Bureau, which is legally required to handle such claims of injured persons.

Time limits

Do not forget that there are time limits for asserting a claim for compensation. For individual claims, a three-year limitation period usually applies, which generally starts running from the date of the accident/damage occurrence. However, the start and length of the limitation period may differ for individual claims, so it is advisable to consult individual claims with an expert.

Individual claims from traffic accidents

Pain and suffering

Designed to compensate for physical and psychological suffering caused by the accident. You can apply for pain and suffering already after the first medical treatment or after discharge from the hospital, and you do not need to wait until the end of your work incapacity or treatment. Usually, a medical or expert opinion is prepared for assessment, which I will be happy to arrange for you.

Treatment costs

This is compensation for expenses related to treatment, including costs for medicines, medical aids, or physiotherapy. To assert this compensation, it is necessary to submit copies of receipts to the insurance company.

Costs of care for a disabled person, so-called care allowance

If you were dependent after the accident for some time and needed help at home or with care, you can claim compensation for care. For this, it is necessary to determine the scope and time period of care provided.

Travel costs to the doctor

Costs for trips to medical treatments or therapies, whether by public transport or your own vehicle. It is important to submit documents of these trips (list of trips, receipts from public transport/vehicle registration certificate).

Lost earnings

If you lost income as a result of the accident, you have the right to compensation for the difference between your regular income before the traffic accident and income after the traffic accident (benefits from sickness insurance or disability pension obtained in connection with the traffic accident are also taken into account).

Impairment of social functioning

If your health complications persist for more than 1 year, you can claim compensation for so-called permanent consequences. To determine the amount of this compensation, the so-called methodology of the Supreme Court is used, and it is necessary to prepare an expert opinion including a personal examination by a doctor - expert.

Compensation for mental anguish and funeral expenses

In case of death in a traffic accident, the close relatives of the deceased have the right to compensation for so-called mental anguish, the amount of which for the closest relatives usually ranges around 20 times the average wage. Funeral expenses are paid against an invoice for funeral services, floral decorations, funeral banquet, etc.

Property damage

Usually, this is compensation for damage to the damaged vehicle and personal belongings of the traffic accident participant.

Conclusion

Awareness of your rights and the correct procedure can significantly increase the chances of successfully resolving your claim and obtaining the highest possible compensation. Remember that each case is unique, so it is important to obtain individual advice from experts in the field.

I have extensive experience with handling claims from traffic accidents, including successful court proceedings with insurance companies, so do not hesitate to contact me.