Road Accidents in Bulgaria
Many clients asked us for the last updates of the rules, regulating the Road Accidents in Bulgaria.
Road traffic accidents in Bulgaria are a persistent and growing issue.
Data from the Ministry of Interior shows a troubling increase in fatalities and injuries between 2021 and 2024, placing Bulgaria among the EU countries with the highest accident rates per capita.
Car crashes, motorcycle collisions, and pedestrian accidents often result in serious injuries, financial losses, and long-term consequences for victims and their families.
Understanding your rights under Bulgarian law is essential if you are injured in a traffic accident.
This comprehensive guide explains who can claim compensation, what damages are covered, how claims are processed, and what practical steps victims should take to ensure fair compensation.
Who Can Claim Compensation ?
Compensation is available to all victims of traffic accidents who are not responsible for the crash. Eligible claimants include:
Passengers in the vehicle of the at-fault driver or another vehicle
Pedestrians hit by a motor vehicle
Cyclists involved in collisions
Other drivers (excluding the driver who caused the accident)
Family members of victims who die in road accidents may also claim compensation for non-material damages, including emotional suffering and loss of companionship.
What Damages Can Be Claimed?
In a case of Road Accidents in Bulgaria, the Bulgarian law recognizes both non-material and material damages arising from traffic accidents.
Non-Material (Moral) Damages
Physical pain and suffering caused by the accident
Psychological trauma and emotional distress
Permanent disability or disfigurement
Reduced quality of life and long-term health deterioration
Loss of life enjoyment due to physical or mental limitations
Material (Pecuniary) Damages
Medical expenses: hospitalization, surgery, rehabilitation, physiotherapy, prescription drugs, implants, and medical aids
Transport expenses: ambulance fees, specialized medical transport, travel to and from medical facilities
Lost income: wages lost during recovery, reduced earning capacity, and permanent disability-related unemployment
Property damage: car repair or replacement, repair of personal belongings damaged in the accident
Future costs: long-term treatment, rehabilitation sessions, and home or vehicle adaptations for disabled victims
Important: To qualify for compensation, there must be a proven causal link between the accident and the damages claimed.
Pre-existing conditions or unrelated medical expenses cannot be included.
Who Pays Compensation?
1. The At-Fault Driver
Legally, the guilty driver is responsible under Article 45 of the Obligations and Contracts Act. In practice, however, most drivers cannot cover large claims personally.
2. The Guilty Driver’s Insurer
In 95% of cases, compensation is sought from the mandatory civil liability insurance (Grazhdanska Otgovornost) of the at-fault driver.
Article 493 of the Bulgarian Insurance Code requires insurers to compensate third parties such as passengers, pedestrians, and cyclists for damages caused during the use of the insured vehicle.
Insurance companies are considered “secure payers,” meaning victims have a higher chance of collecting full compensation.
3. The Bulgarian Guarantee Fund
If the driver was uninsured or unidentified (such as in hit-and-run cases), victims may claim compensation from the Guarantee Fund, which covers damages in such circumstances.
Documentation and Investigation After an Accident
Immediate Steps After the Accident
The police prepare an accident protocol, a sketch of the crash site, and a photographic record.
Victims should always request a copy of the official protocol, as it serves as proof of the insurance event and the driver’s insurance status.
Practical advice: If you are not listed as an injured party in the protocol, request an immediate correction from the traffic police.
Expert Reports
Technical expertise: determines the mechanism of the crash, cause of the accident, and who is at fault.
Medical expertise: establishes the type and extent of injuries, expected recovery time, and their direct connection to the accident.
Practical advice: Register as an injured party during the pre-trial investigation.
Actively participate by submitting questions to the experts. Evidence collected at this stage often decides the outcome of both criminal and civil cases.
Criminal Proceedings and Their Impact on Civil Claims
If criminal proceedings are initiated against the guilty driver, the result influences the civil lawsuit:
Under Article 300 of the Civil Procedure Code, the civil court is bound by the criminal court’s findings that the accident occurred and that the defendant is guilty.
The injured party only needs to prove the extent of damages, not the fault or mechanism of the accident.
This rule saves victims from having to prove liability twice.
Filing a Claim Against the Insurer
Since the Insurance Code reform in 2016:
Victims must first file a claim with the insurer, submitting accident reports, medical records, and proof of expenses.
The insurer has three months to decide whether to pay or deny compensation.
If no payment is made or the amount is insufficient, victims may file a civil lawsuit seeking full compensation plus statutory interest.
Practical advice:
- Always ask doctors to specify that injuries are directly connected to a traffic accident.
- Even minor seatbelt abrasions should be documented, as their absence can weaken your case.
Cost Documents
Invoices and receipts for hospitalization and medical transport
Costs of implants, rehabilitation sessions, medication, and medical aids
Documentation of lost income or employment inability
Fair Compensation: How Bulgarian Courts Decide
There are no fixed compensation tariffs for personal injury claims in Bulgaria.
Courts apply Article 52 of the Obligations and Contracts Act and Supreme Court Decree № 4/1968, taking into account:
Nature and severity of the injury
Pain and suffering endured
Duration of recovery and potential complications
Disability, disfigurement, or permanent limitations
Impact on family life and professional career
Special Consideration for Foreign Nationals
When a foreign national is injured in a traffic accident in Bulgaria, special rules apply regarding compensation and damages. In many cases, the necessary vehicle repairs or medical treatment take place abroad, in the victim’s home country.
Bulgarian courts and insurance companies recognize that such victims should not be restricted to Bulgarian market prices when calculating their claims.
Instead, the compensation amount may reflect the actual costs in the foreign market, which are often higher than the average prices in Bulgaria.
This principle ensures that injured foreigners are fairly compensated and are not forced to undergo treatment or repairs in Bulgaria against their will.
The victims are entitled to seek medical services or vehicle repairs in their country of residence, and the insurance compensation should cover these expenses in full, provided they are reasonable and well-documented.
For foreign nationals, this is a critical legal safeguard, as it protects their rights under both Bulgarian law and EU regulations, guaranteeing equal treatment and access to justice regardless of nationality.
Key points for foreign claimants:
Compensation may cover medical bills or repair costs abroad.
Victims must provide invoices, medical records, or repair documents from the foreign country.
Insurance companies are legally obliged to evaluate these claims based on real expenses, not only Bulgarian averages.
This rule applies to EU citizens and also extends to non-EU nationals under international agreements and Bulgarian private international law.
By applying this approach, the Bulgarian legal system ensures that foreign accident victims are not disadvantaged compared to Bulgarian citizens and receive compensation that truly reflects their actual losses.
Insurer Defenses: Contributory Fault
Insurance companies often argue that the victim’s own negligence contributed to the injury. Common examples include:
Failing to wear a seatbelt
Entering a vehicle knowingly driven by an intoxicated driver
However:
The burden of proof lies entirely with the insurer.
Not all unlawful actions count as contributory fault.
The insurer must show that proper behavior (wearing a seatbelt, avoiding a drunk driver) would have prevented or reduced the injuries.
Practical advice: Ask doctors to record all injuries, including seatbelt marks.
Without them, insurers may claim you were unbelted and reduce compensation by up to 50%.
Protecting Your Rights After a Road Accident in Bulgaria
Victims of traffic accidents in Bulgaria are legally entitled to both material and non-material damages. Achieving fair compensation depends on:
Collecting complete accident, medical, and cost documentation
Following the correct insurer claim procedure
Actively participating in the investigation phase
Contesting insurer defenses such as contributory fault
Because insurers often attempt to minimize payouts, professional legal representation is highly recommended.
A Bulgarian lawyer specializing in road traffic accidents ensures that claims are properly filed, deadlines are respected, and full compensation is pursued.
