Rights of Road Accident Victims: What They Are Entitled to Under the Law and How to Prove the Damage

Compensation Does Not Depend on Fault

The law is based on the principle of absolute liability: to obtain compensation, there is no need to prove that another driver was at fault or negligent. Nevertheless, compensation is not awarded automatically. The occurrence of the road accident itself, the existence of bodily injury, and the causal connection between the accident and the medical consequences must be proven.

What Damages May Be Compensated

A claim may include not only medical expenses but also lost wages during the recovery period, as well as impairment of future earning capacity. In addition, expenses for third-party assistance, alternative accommodation when necessary, future medical treatments, and pain and suffering may be taken into account. A partial calculation of these elements may reduce the final compensation amount.

What Evidence Should Be Preserved

After the accident, it is important to report it to the police and obtain an appropriate statement required by insurance companies. From the first day, emergency room documents, diagnoses, expert reports, and other medical records should be retained. The details of the parties involved and witnesses, vehicle registration numbers, and insurance information are also important.

If the Road Accident Is Work-Related

An accident occurring on the way to or from work, and in some cases also during a work-related trip, may be recognized as a work accident under the National Insurance Law. In such a case, the injured person may be entitled to payments from the National Insurance Institute for the period of incapacity for work and, in parallel, may claim compensation from the insurance company under the Road Accident Victims Compensation Law. These proceedings do not exclude one another, but the claims are filed separately and are subject to different deadlines.

Disputes With the Insurance Company

The insurance company may dispute the extent of the recognized damage or offer an early settlement for a lower amount. The article states that where the law or the insurance policy is ambiguous, courts tend to interpret it in favor of the injured person. The source does not mention a specific court case, judicial ruling, or awarded compensation amount.

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