Crash. How to apply for compensation?

The time of holidays, from which Poles return en masse to their homes, is coming to an end. The increase in traffic on roads and highways unfortunately leads to more car accidents. We advise on how to claim compensation for losses incurred as a result of an accident.

According to official police statistics for 2014, the beginning of September is the month when road traffic accidents occur most often (9,6% of all accidents per year, the same in July, slightly less in June - 9,5%).

Road accidents most often occur in settlements (72,5%), on two-way and one-way roads (81%). The most common road traffic crash is a side collision of moving vehicles (31%), and the most common causes are non-observance of the right-of-way (26,8%) and speed inconsistency with traffic conditions (26,1%).

In the event of an accident, regardless of the scale of its consequences, it is worth knowing the procedure for applying for compensation from the insurer of the culprit.

Identification of the culprit of the accident

The most common situation in which an injured party can sue is when the accident was the fault of the other driver. This is compensation for the so-called damage to health, which concerns not only the physical, but also the mental sphere.

– When applying for this type of compensation, the injured party is entitled to reimbursement of medical expenses, lost income due to an accident, reimbursement of travel expenses for treatment and rehabilitation, and property damage. In addition, you can claim a one-time financial compensation from the person responsible for the accident, and in case of irreversible bodily injury, a disability pension, explains Katarzyna Parol-Czajkovska, Director of Claims at the DRB Compensation Centre.

A slightly different procedure occurs when serious bodily injury occurs. The victim in an accident must establish the name and surname of the perpetrator, the number of his third party liability insurance policy, and the registration number of the vehicle. If the victim is in a severe stressful situation, he should ask to call the police to obtain such data.

Which of the May changes in the traffic rules, in your opinion, does not affect the increase in safety in any way? We invite you to take part in the plebiscite

Reasonable claim

The next step in applying for compensation is reporting the damage to the insurer, the one from which the liability policy was purchased by the culprit of the accident. Under this type of policy, you can receive compensation only in the form of repair of the victim's car. Details of the insurance company responsible for the accident can be checked on the website of the Insurance Guarantee Fund by entering the vehicle registration number of the culprit.

Another type of compensation can be received for other losses incurred as a result of an accident, and therefore related to the health of the victim. Unfortunately, at this stage, not all victims know their rights, and if they do, they do not always dare to seek such compensation.

– The claim statement must be properly executed and contain, if possible, all evidence confirming the losses incurred as a result of the accident. A valid claim and financial expectations go a long way in helping the insurer accept your claim. Such evidence includes, in particular, all bills or receipts for medicines, confirmation of visits to doctors or medical diagnoses, says Katarzyna Parol-Czajkovska from the DRB Compensation Center.

Advance on current expenses

It is one thing - the expectations of the victim, another - the determination of the amount of compensation by the insurer. Each of them has its own internal rules, on the basis of which it assesses the damage caused to the health of the victim. The amount of compensation depends on many factors, but above all on the type of injury sustained, the duration of treatment and rehabilitation, as well as the impact the accident had on life and, for example, whether it made practice impossible.

If the waiting period for reimbursement is significantly longer, and the victim has to constantly incur large medical or rehabilitation costs, he can apply for an advance under the accident liability insurance policy.

Usually, compensation is paid within 30 days from the date of reporting the accident, in more complex cases, by law, it can be up to 90 days. When the amount of compensation determined by case law differs significantly from our expectations, we also have litigation at our disposal.