Of key importance for determining what claims the injured parties are entitled to is the distinction between two concepts – road accident and collision – which often function interchangeably in everyday language.
According to the Penal Code, a traffic accident is defined as an incident occurring in land, water, or air traffic resulting from a violation of safety regulations applicable to such traffic, resulting in the unintentional infliction of bodily injury, resulting in impairment of bodily functions or health for a period exceeding seven days, or resulting in death or serious bodily harm. A collision, on the other hand, is defined as an incident in which no one is injured; in this case, the damage affects only the vehicles. Under the Penal Code, a collision constitutes a misdemeanor.
Who should I report the damage to?
Generally, the person who caused the damage is responsible for repairing it. However, under applicable regulations, the owner of a motor vehicle is required to take out compulsory third-party liability insurance for motor vehicle owners for damages arising from the operation of their vehicle. Therefore, the damage should be reported directly to the insurer of the person who caused the damage, making it easier for injured parties to pursue the compensation they are entitled to.
Who can apply for compensation for damage and compensation for harm?
Generally, pursuant to Articles 444 and 445 of the Civil Code, the person entitled to pursue the above-mentioned claims is the injured party. The injured party is considered to be the person directly against whom the causative event was directed. Article 446 of the Civil Code provides an exception. In the event of the death of the directly injured party, the claim for compensation and damages passes to their heirs.
What claims are victims entitled to?
If the vehicle is damaged in a collision, the injured party may request that the vehicle be restored to its pre-damage condition (partial damage). If the vehicle is completely destroyed (total loss) or if repairing the damage is uneconomical, compensation should be set at an amount that will allow the injured party to purchase the same or a similar vehicle. In addition, injured parties are entitled to reimbursement for the cost of renting a replacement vehicle and reimbursement for towing costs.
In the event of a traffic accident, in addition to the above-mentioned claims, the injured parties are also entitled to (if bodily injury or death occurred):
- compensation for the harm suffered,
- compensation, e.g. reimbursement of treatment costs, travel to medical facilities, rehabilitation equipment, purchase of medicines,
- reimbursement of post-accident care costs for the injured party,
- compensatory pension.
For more information, please contact us. We will assist you at every stage of the process to obtain the compensation and redress you deserve.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of August 13, 2024
author/editor of the series:
