The traffic accident, without
exception, as a result it leaves material damageto the motor vehicle. (Insurance
lawyer.) Whether two or more vehicles were involved in the traffic accident, or
whether the damage was caused to a greater or lesser extent, in accordance with
the provisions of the Law on Obligations, the damage must be compensated. If
you suffer material damage, you have the right to compensation from the person
who caused the traffic accident. The questions we encounter with our clients
are:
When can compensation be claimed?
Who determines the amount of
damage?
How soon can damages be expected?
What legal remedies can be
available in case of inadequate amount of compensation paid?
Since when can compensation be
claimed in the event of a traffic accident?
Compensation for damages and the
procedure in case of damage resulting from a traffic accident was facilitated
by the fact that the Law on Compulsory Motor Vehicle Insurance prescribes
compulsory insurance of motor vehicle owners against liability for damage
caused to third parties. This type of insurance is motor third party liability
insurance, and in the following text we will teach you how you can exercise
your rights with our professional legal assistance. Therefore, when registering
a motor vehicle, the owner, by purchasing a motor third party liability
insurance policy, ensures that the insurance with which he concluded the
contract will compensate for the damage he caused to his motor vehicle. In
practice, this means that the claim for damages will be sent to the insurance
company with which the pest has concluded a contract on motor third party liability
insurance. Our law office, in order to maximize the payment of damages and represent
the interests of our clients, provides professional legal assistance in the
form of collecting the necessary documentation from all relevant government
agencies and institutions, compiles claims, represents victims in out-of-court
compensation (peaceful proceedings) and in all court proceedings related to a
traffic accident.
Who determines the amount of
damage to your vehicle and how will we fully protect your rights when assessing
the amount of damage?
Initially, the amount of damage
to your motor vehicle is determined by the insurance company’s assessors by
compiling a report on the damage. On the basis of the mentioned minutes, the
amount of material damage that the insurance reserves for payment to the
injured party is specified. What if you are not satisfied with the contents of
the damage report and the determined amount of damage? Our law office, in
cooperation with eminent car services and car forensic experts, submits a
Complaint to the damage report, in order to correctly, detailed and
comprehensive calculation of the amount of damage in order to collect the
damage in full. Therefore, we advise you to take a detailed picture and
document all the damage that occurred on your motor vehicle, in order to
determine the actual amount of material damage to your motor vehicle based on
the available photo documentation.
What are the deadlines for
payment of damages?
The insurance company is obliged
to determine the basis and amount within 14 days from the receipt of the claim,
and to submit an offer for payment of damages. It often happens in practice
that insurance companies pay only a part of the total material damage, which is
considered the undisputed amount of damage, which essentially means that the
basis of the claim is not disputable, but that it is necessary to additionally
determine the entire extent of damage. With the help of all available legal
means, we manage to get our clients maximum amounts in the name of damages.
What legal remedies can be
available in case of inadequate amount of compensation paid?
The injured party has the right to object in the
out-of-court compensation procedure (peaceful procedure). The complaint is
submitted to the commission of the insurance company, which has the obligation
to make a decision on the complaint within the legal deadline of 15 days. If
the interests of our clients are not fully satisfied by the decision on the
complaint, we submit the complaint to the National Bank of Serbia in the name
and on behalf of our clients. Also, if our client is not fully compensated in a
peaceful procedure, we will successfully represent our clients in court
proceedings for damages. If you have any doubts or want to find out more about your
rights and how to collect damages, feel free to contact us.
