The road to receiving insurance compensation after a road accident is not easy. As a car accident lawyer in Plovdiv, I see that it is often accompanied by unfair practices and even fraud. So be careful whom you authorise, and be on guard when, after the accident, various lawyers look for you themselves and insist that you hire them.
I have had clients who told me: “The insurer offered me a small amount, said that was all, and I agreed.” Do not make the same mistake and do not automatically accept the insurer’s offer. It is not final. If the amount is too low, you have the right to file a case. Together with my team, I handle compensation cases for injured drivers, passengers, pedestrians and cyclists, as well as for the relatives of people who died. Here are the questions I am asked most often.
Who pays the compensation after a road accident?
Most often it is the “Civil Liability” (motor third-party liability) insurer of the driver at fault. If the driver at fault had no insurance, or fled and was not found, compensation is claimed from the Guarantee Fund. If the insurer delays or violates your rights, a complaint can also be filed with the Financial Supervision Commission.
There are also accidents caused by potholes, poor repairs and roads in bad condition. In that case, the one who maintains the road is liable – the municipality or the state. I have written about this in Liability for damage from a bad road – whom should I sue? (in Bulgarian).
The driver at fault fled the scene of the accident. Who will pay me?
If the car of the driver at fault has been identified – for example, someone wrote down its number or cameras recorded it – its “Civil Liability” insurer pays, as in any other accident. If, however, the driver at fault fled and the car was not found, compensation for death or bodily injury is paid by the Guarantee Fund. That is why you should report to the police immediately and write down everything you saw – make, colour, part of the number, names of witnesses. If only your car was damaged and the driver at fault was not found, the fund does not pay – then only your own comprehensive (Casco) insurance helps, if you have one.
Car accident lawyer in Plovdiv – from the claim to the court
We file a written claim with the insurer – without it, the case cannot go to court. The insurer has a deadline to pay or to refuse with reasons. If it refuses, does not respond or offers too little, we file a case. In court, the evidence decides – the accident report, the medical documents, the witnesses and the expert reports. That is why we collect them from the very beginning.
Can I file a claim with the insurer myself?
Yes, legal assistance is not mandatory for that. You can file the written claim yourself. As I mentioned, the law even requires you to turn to the insurer first, before filing a case. You attach the documents you have. The insurer assesses the damage, and its first offer is often too low. That is why it is good to know how much your case is really worth before the claim – that is when a lawyer’s advice is most useful.
What damages are compensated?
The largest amounts are usually for non-pecuniary damage – the pain, the suffering, the long treatment, the lasting consequences. Pecuniary damage is claimed separately: costs of treatment and rehabilitation, lost income, a damaged car. More in Compensation for an injured person in a road accident and Non-pecuniary damage (in Bulgarian).
How is the amount of compensation determined?
There is no table of amounts. The court determines compensation for pain and suffering on the basis of fairness – it assesses how serious the injury is, how long the treatment lasted and whether there are lasting consequences. That is why two cases with a broken leg that look the same often end with different amounts. Pecuniary damage – treatment costs, lost income, car repairs – is proved with documents and awarded in full.
Am I entitled to compensation if I am also partly at fault for the accident?
Yes. If you also contributed to the accident (contributory fault) or to the damage – for example, you were not wearing a seat belt – this does not deprive you of compensation. The court reduces it in proportion to your contribution. This is also the most common argument insurers use to reduce the amount, which is why the contribution must be proved, not just claimed.
Who is entitled to compensation when a loved one dies on the road?
The law gives the right to compensation to the spouse, the children and the parents. Exceptionally, a brother, sister, grandmother, grandfather or another person who was particularly close to the deceased and is deeply affected by the loss also has such a right. See Compensation for death on the road and Non-pecuniary damage on the death of a loved one (in Bulgarian).
More questions to a car accident lawyer in Plovdiv
The insurer refused compensation. What should I do?
Do not accept the refusal as the last word. If you have filed a written claim and the insurer refuses, does not respond within the deadline or offers too low an amount, you can file a case. Without a written claim, however, the court will not hear the claim – that is why it is the first step.
How long do I wait for the insurer to respond?
Up to three months from filing the claim. Within this period it must either pay or refuse with reasons.
I was travelling in the car of the driver at fault. Am I entitled to compensation?
Yes. The passenger claims compensation from the insurer of the driver at fault – even if the driver is a relative or a friend. The compensation may be reduced if you were not wearing a seat belt.
The insurer is offering me a small amount. Should I sign?
Do not sign anything as final before we have reviewed the case. A low offer is often just the beginning of the negotiations.
How much does a lawyer for a car accident case cost?
It depends on the case – on how serious the damage is, on whether the dispute will be settled at the claim stage or will go to court, and on how many instances the case will go through. The fee is agreed in writing before we start. If you win the case, the court orders the insurer to pay you the costs as well, including the lawyer’s fee – in proportion to the part of the claim that was upheld.
If you need help and decide that you can trust us, contact me. As a car accident lawyer in Plovdiv, I will answer your questions.
Related articles (in Bulgarian)
- Compensation for an injured person in a road accident
- Compensation for death on the road
- Non-pecuniary damage on the death of a loved one
- Non-pecuniary damage
- Liability for damage from a bad road – whom should I sue?
- Indirect intent to kill in a road accident? The case of M. Tsvetkov
- A drastic increase in penalties for death in road accidents?
I am Rosen Dimitrov, Attorney-at-Law – member of the Plovdiv Bar Association and PhD candidate in civil and family law at the Institute for the State and Law of the Bulgarian Academy of Sciences. Together with my team, I handle cases in Plovdiv, Sofia and throughout the country.
Call or write to me, tell me briefly about your case and we will assess how to proceed. We can meet at the office in Plovdiv or Sofia, or online if needed.
Plovdiv, 2 Nikola Voyvodov Str., floor 1 · Sofia, 66 Vitosha Blvd., floor 4