A lot of people have, this is because of the fear that filing a claim will automatically raise their insurance rates no matter what.
Many think that just coming to a settlement with the other driver and not getting the insurance companies involved makes everything go away but what if the other driver claims an injury later on or, if the damage to their vehicle is more extensive that what they originally thought?
You could still be eligible for legal action taken against you.
To prepare for a possible claim against you, provide the other driver with your insurance information, call the police, and report the incident to your insurance company.
This is because the insurance company can help you pay for any legal defense you may need as well as, help pay for property damage or injuries to others. This also protects you from the insurance company being able to deny coverage.
There are only a few instances where not filing a claim due to an accident makes sense and those are usually when it is just a single car accident and no one’s property but that of the person causing the accident is damaged.
For instance, you are backing out of your driveway and hitting the mail box.
Another good tip for any car accident is to always take multiple photos of your cars damage and the other drivers before leaving the scene of the accident. This will help protect you in the case the other driver claims something different that actually happened in the accident.
To make sure you always have the right coverage and an expert who can walk you through any insurance claim when they happen.
Call us for legal help on + 359 897 90 43 91
The last years the numbers of Road Traffic Accidents in Bulgaria has been increased dramatically. The courtry is on the first place with the huge number of people who lost their lives in car accidents in the EU, reported the statistic and National Drivers Union.
This indicator, used to signal road safety in each European country is consistent with the exact number of dead people per one million citizens. This alarming tendency of increasing amount of victims has been going on for the last few years.
Bulgaria is one of the european country with huge number of car accidents, for speed or no using of sit belt etc. This is the reason, wht the European Commission had conducted numerous initiatives for improving road safety in the member countries.
Considering the statistics, however, these actions did not seem to have any positive reaction in Bulgaria. Everybody who has been injured in Bulgaria needs to keep some rules and important steps to secure the claims, which could be provided in the future against the insurer of the car driver or the people, who has damaged his vehicle. In case of car traffic accident in Bulgaria, you just need to call your lawyer to fix the situation and secure all documents & paper for the claim in the Bulgarian court.
The minor car accident in Bulgaria
The procedure in the event of a road traffic accident in Bulgaria depends on the severity of the accident, but in all cases of accident:
CALLL anyone you know and leave your car
stop driving immediately and sit close to the place
Call the nearest police station or alert any oncoming traffic
Preserve all evidences & withnesses
Get all names & insurance policies of the drivers – contact details, licence plate numbers of witnesses
Call the Bulgarian traffic Police & your insurace lawyer (0897 90 43 91)
If there are more than 2 vehicles involved, get all nessesery information from them – insurance policies & driving licence etc. inform us if the accident is minor.
If anyone is injured they should be helped, but not moved unless they are in danger of further injury. If the injured person needs immediate transport to a hospital, the person accompanying them must return the scene of the accident as soon as possible.
All vehicles in Bulgaria are required to have Liability insurance and proof of the documents of this special insurance must be carried at all times.
In case of a minor traffic accident, every single driver in Bulgaria has an Car accident Report Form (as the traffic police protocol) which need to be completed by the both parties, responsible for the crash and a copy given to the 2nd driver. The form requires information as follows:
Name and identity card details of the other driver
Full insurance details of the other driver including insurance number and expiry date
Place of the accident, names and contact details of possible witnesses
An explanation of the accident with details of the damage caused
Both parties must agree and sign the Car accident Report Form ( like traffice police protocoll )so that it is valid for claims
Asking for insurance compensation
Payment of compensation for damages is amount payment of money to compensate you for all material and immaterial damages, accured in the accindent. You need to have an official prolice road traffic protocol, which describe direct and immediate consequence of the traffic accident.
Claiming the immaterial damages, you need to get a consultantion with your insurance lawyer to include all negative consequences – pain and suffering experienced in connection with the occurred injuries.
Concerning the material damages you and your lawyer need to calculate all material & future costs, borne by the driver with regard to the accident – eventually surgery costs, medical hospitalization costs, costs for medicines, costs for future rehabilitation, repair of the car damages etc.
It is nessesery to provide direct connection for your insurance compensation procedure between the car accindent damages and the occurred accident.
This means, there should be direct connection between the accindent, the injuried people and the resulted from this traffic accident, the negative health consequences to be a result of the injuries in this accident, (a lack of consequence between them and previous illnesses), the costs for medicines to be borne with regard to the treatment of these injuries etc.
If you do not have the requisite form to hand, you should note down the following facts while you are still at the scene of the accident:
date and place of the accident;
details of any injuries, material damage, witnesses (be sure to take down their contact details);
particulars of the other driver (e.g. name, address, phone number);
particulars of the other driver’s insurance (including policy number);
details of the other driver’s vehicle and any trailer (registration number, country of registration, make and model);
contact details of the police officers to whom the accident was reported;
circumstances of the accident.
The minimum insurance cover in Bulgaria is:
for pecuniary and non-pecuniary loss caused by personal injury or death;
for damage to property (material items) — BGN 2 000 000 for each insured event, whatever the number of injured parties.
Serious car accidents in Bulgaria
THe first thing, you should do, participating in a serous car accident is to see & check if there are some damaged people. Everyone should get the actions to protect yourself at the moment, avoiding the direct contact with the victims, if there are any : If there is a serious car accident:
You should call the traffic police & your insurance company, and to your personal injury & insurance lawyer as soon as possible;
Get the injured people out from the vehicles and from the road
Get the information from their documents and immediately alert oncoming traffic traffic & lawyers
Take the names, contact details, licence plate numbers of witnesses & call the hot lines of Bulgarian insurance companies
Preserve all evidences and find the withnesses on the place
The Accident Report Form is filled in by the Bulgarian road & traffic Police who will give a signed copy to all parties involved in the accindent on the road.
Road Traffic Accidents in Bulgaria
Before you meet your lawyer , don’t sign any paperwork unless certain it’s understood and agreed with. Send the report form to the insurance company (many demand it within seven days of the accident).
How to file a claim against the insurance company in Bulgaria
Following an accident, take the Report Form to the insurer and fill in an application form for claims, or contact the insurance company’s emergency line for advice on the procedure for making a claim.
The vehicle undergoes inspection and insurance is transferred to the insured person’s bank account within a few days or up to two weeks.
If the accident is serious the Traffic Police will complete the form and give a copy to all parties involved so they may forward to the relevant insurers. Many insurers insist on the form being received within 7 days of the incident.
It is important to understand and agree with any paperwork before signing, after consulting your insurance lawyer in Bulgaria.
Immediately claim from the Bulgarian traffic police officers to provide you with the required copy of the Car accident protocol. This is the most important documents for every car crash and car accident in Bulgaria.
Without getting this protocol from the traffic police, you could not submit the claim in the court after the documents has been already prepared and collection for insurance compensation from the Bulgarian insurance companies.
The latter is an official document, which proves the occurrence of the insurance event, as well as the participation of the listed parties and the existence/the non-existence of a valid civil liability insurance policy of the guilty driver.
If you are not listed as an injured person within the protocol, immediately claim the amendment of the latter by the traffic police authorities.
During the effect of the repealed Insurance Code, the injured persons had the possibility to claim an insurance compensation direct in a court proceeding, without being obliged to submit a claim for a voluntary payment before the insurance company.
After the entering into force of the new Bulgarian Insurance Code the injured persons were deprived of this right and now they shall first submit their claim before the insurer, having attached all relevant documents (including all medical documents related to hospitalization, the treatment, the recovery process etc.) as well as a bank account, where the determined insurance compensation to be eventually paid.
The insurer shall take a decision within a 3-month period whether to pay an insurance compensation or to refuse paying it.
Upon the expiration of this 3-month period, the injured persons, who have not been paid any insurance compensation and/or their claims have not been fully granted, are entitled to claim such insurance compensation before the civil court, together with the statutory interest as of the moment, when the payment of the compensation became due.
If you need our legal assitance, do not hesitate to contact us immediately !
Our law office D. Vladimirov & Partners is here for you to support you to avoid futher problems so that you will be able to take advantage of all the opportunities and options our country is giving you.
Call us for more information on + 359 897 90 43 91 or send us your inquiry on office@lawyer-bulgaria.bg
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