Claiming compensation after a road traffic accident

Road traffic accidents can affect health, vehicles and finances. This article gives a general overview of the compensation process and the documents considered in it.

1. Evidence from the accident scene

Evidence may include photographs of the scene and damaged vehicles, witness details and a police report. These help establish liability and the extent of the damage.

2. Medical records

Where someone has suffered bodily injuries, medical care takes priority. Medical reports, bills for treatment and therapy, and sick leave certificates may provide evidence of injuries and treatment costs.

3. Making an insurance claim

The claim is submitted to the insurer responsible for the particular damage. For motor third-party liability claims, this is generally the insurer of the vehicle responsible, rather than necessarily the injured person’s insurer. Relevant evidence and documents accompany the claim. The insurer then processes it.

4. Assessing the damage

The assessment covers vehicle damage and other relevant costs. There may be a dispute about whether all damage has been recorded. An independent expert assessment may be one item of evidence when considering the amount of damage.

5. Considering the insurer’s offer

After processing the claim, the insurer may offer compensation. If the amount is disputed, an objection and negotiations may be considered on the available evidence. A legal representative may take part in this process; the outcome cannot be promised in advance.

6. Legal assistance and court proceedings

If the dispute remains unresolved, whether a claim can be brought in court, against whom and what steps must be taken beforehand depend on the circumstances and legal basis. Medić Law Office handles damages matters.

The attorney’s role

Work on a matter may include:

• Gathering and analysing evidence and documents.
• Negotiating with the insurance company.
• Representation in court proceedings, where agreed.

Conclusion

Compensation depends on the basis of liability, the extent of the damage and the evidence. An individual matter requires a review of the documents and applicable law.