Car accident .What to do ?
In case of a car accident your actions should be directed in the following two directions:
1.In case there is only material damage and you are covered by insurance ,,Casco of motor vehicle'', contact your insurer under this insurance and notify him accordingly. If you are not satisfied with the assessment of the damage you can seek our services to obtain fair compensation.
2. When you are injured in a road traffic accident you could claim compensation only if it was caused by the driver of another car. You can get compensation from the person at fault or their third party liability insurer. It is easier to satisfied by the insurer, as compensation from the person who caused the injury would may be difficult to obtain in the absence of his ability to pay. Similarly where there are people injured in a road accident with physical injuries or death caused.
The steps are as follows : First -and in case of pecuniary and non-pecuniary damages, the procedure for obtaining compensation goes through a written demand/claim to the insurance company as follows : 1. Damages are property and small in amount - you contact your insurer.You will need to visit a claims center to inspect the damage to the vehicle and assess the damage . Again you can contact us if the estimate is unrealistic. 2. When the damages are non-pecuniary/ you have physical injuries/ it is advisable to consult an attorney with knowledge in the field of DAMAGES related to road accidents. It is important to note that it is in cases of serious injuries it is important to have the claim prepared by an experienced attorney in order to have the claim factually and legally argued with legal and case law in order to obtain compensation that is fair to the injured party. Step two : - when the settlement offered by the insurer is unfair and inconsistent with the injury , the only legally and expedient way to protect yourself is to take the claim to court. Here, the main task is, according to the established binding and case law, to stand on the concept of "justice". It is not an abstract concept, but involves an assessment of objectively existing concrete circumstances which are specific to each case and which must be taken into account by the court when determining the amount of compensation. In any event, the correct application of Article 52 of the Civil Liability Act in determining the compensation for non-pecuniary damage for personal injuries and the pain and suffering caused by a tort is conditional on taking into account general criteria such as the time when the injuries were caused, the personal injuries and the infliction of the pain and suffering, the circumstances in which the accident in question occurred, the age and social status of the victim. In order to obtain fair compensation for the non-pecuniary damage suffered by the victim of a tort, the court is required, when determining the amount of compensation payable, to carry out a thorough examination of both the general and the specific legally relevant facts in the particular case, such as: the extent, intensity and duration of the pain and suffering, the nature and severity of the injuries, to take into account whether they are still being suffered at the time of the judgment, to consider what the prognosis for the injured party's state of health is In making that assessment, account must also be taken of the social and economic situation in the country at the time of the injury, changes in which are reflected in the increasing levels of insurance cover under the compulsory motorists' liability insurance, Art. 432 of the Insurance Code in conjunction with Art. 492 of the Insurance Code, increased almost annually, from BGN 25 000 for each event to BGN 420 000 for compensation for non-pecuniary and pecuniary damage due to bodily injury or death - for each event, regardless of the number of injured persons. Case-law - Decision No 195/29.11.2023 in case No 348/2023 of the Supreme Court of Cassation. Arabadzhiev Law Firm is at your disposal 7 /seven/ days a week and 24 /twenty-four/ hours a day for consultation related to compensation in case of road traffic accident. You can contact us before you take rash actions.