Traffic accidents bring a lot of pressure to participants and their families, and usually cause a lot of inconvenience. The most common causes of traffic accidents are: alcohol abuse, speeding, violation of traffic lights, and road damage in Serbia.
According to data from the Road Traffic Safety Agency of the Republic of Serbia, between 2015 and 2019, Serbia had 178.203 traffic accidents, of which 68.736 were injured and 106.858 were material damage 1 (this number must be much larger). Traffic accidents are only registered with insurance companies) . An increasing number of traffic accidents indicate that citizens should be informed of Serbia’s compensation procedures.
What should I do if there is a traffic accident?
First, stay calm and take care of yourself and the safety of other participants. The Traffic Safety Law defines special procedures based on the consequences of accidents.
You must follow the procedures and do not leave the scene, because the driver who leaves the injured person may be held accountable in accordance with the law. If the person who caused the accident needs medical treatment or other injured persons must be transported, they can leave the scene but must return to the scene as soon as possible. Traffic accidents can lead to a large number of crimes and misdemeanors, which will be discussed in our next blog.
Serious injury, death or major property damage
Drivers or other traffic accident participants must take the following measures in the event of serious injury, death or major property damage:
- Stop, turn off the engine, turn on all direction lights, and set a warning triangle at a safe distance,
- Help the injured, provide first aid or medical assistance based on their knowledge,
- Call the police and/or ambulance and stay on the scene until the police or ambulance arrives and completes the investigation
- Keep the evidence on site and warn everyone to stay away from the road to avoid injury or damage to the evidence
- Take all necessary precautions to warn people of accidents
- Take all safety precautions to prevent injuries or car accidents
- Minor material damage
On the other hand, when the loss is small, the driver or other participants in the accident should fill out the “European Accident Report Form.” However, each participant has the right to request the police to make an official police report on the accident. In this case, there is no need to fill in the European accident report form, and all participants should stay on-site until the investigation is completed. The obligations of the driver and other participants are the same as those in the event of substantial property damage.
Claim against insurance company
The damage caused in a traffic accident may be substantial or insubstantial. Material loss is damage to vehicles, while people may suffer non-material losses.
As far as material damage is concerned, it should first be estimated based on the European Accident Report Form and the official police report so that it can be compensated by the insurance company.
The amount of compensation depends on the specific circumstances.
Which insurance company should I refer to?
When it comes to non-material losses such as injury or fear, it is important to figure out who has the right to claim compensation from the insurance company. The driver of a vehicle injured in a car accident can exercise this right with an insurance company, and the insurance company provides insurance to those who participated in the accident. Passengers or third parties (pedestrians, cyclists, etc.) have the right to choose between insurance companies that provide insurance for all vehicles involved in a traffic accident, regardless of the perpetrator.
Go to the hospital
A medical examination and injury assessment must be performed and a medical certificate must be obtained. The operation should be carried out immediately to avoid any doubt as to whether the accident caused injury.
Who has no right to claim compensation?
Those who are not entitled to compensation are:
- The owner of the vehicle that caused the damage to the vehicle was caused only by the damage on its belongings.
- The driver of the vehicle, the vehicle caused his/her injury,
- The person entering the vehicle, the vehicle caused his/her damage, and the person
- Know that the vehicle has been stolen or illegally occupied.
- People who have suffered damage under certain circumstances (official motorcycle races or kart races,
- Military operations, etc.)
On the other hand, if you are the perpetrator, the insurance company may require you to refund the compensation paid for the damage. You will be found guilty of alcohol or drugs, vehicle breakdown, driving without permission or under driving prohibition.
Car accidents abroad or caused by foreign vehicles
If an accident occurs while you are abroad, it is necessary to determine in which country the accident occurred and whether that country has signed an agreement that provides for compensation in Serbia.
If a car with a foreign license plate causes your damage in Serbia, you should claim damages from a domestic insurance company that is authorized and responsible for such losses.
Court track
The insurance company’s deadline is 14 days to send an offer and compensate the person seeking compensation. If minor damage occurs, the deadline is 8 days. For material damage, the deadline can be extended by 14 days, for non-material damage, the period can be extended to 45 days, for non-material damage, the period can be extended to 90 days, and for compensation, the period can be extended by 14 days.
If the insurance company does not send the offer within 90 days (or cause minor damage within 8 days), or fails to inform the claimant that it is not entitled under the insurance policy, it should file a claim to the court. If the vehicle is only partially compensated, the injured person or the owner can also file a lawsuit.
To summarize…
Although the traffic accident itself is not pleasant, it may be accompanied by difficulties related to other participants, as well as in the process of seeking full compensation from insurance companies and courts. Therefore, it is recommended that you consult experts, mainly legal lawyers, to properly exercise your rights.
