How to get compensation from the civil liability of the perpetrator

How to get compensation from the civil liability of the perpetrator

Compensation The insurance of the perpetrator of the accident is available to any person who has been injured as a result of the accident. It is worth remembering that damages are divided into two categories – property and personal. This division….
How to collect compensation from the perpetrator’s insurance?
Compensation Anyone who is injured as a result of an accident is entitled to accident insurance. It is worth remembering that damages are divided into two categories – property and personal. This division is important because in the first case we can obtain compensation, while in the second case we can obtain compensation, and the procedures differ significantly from each other.
Compensation, i.e. material damage
Damaged parties generally use the terms damages and compensation interchangeably, but only the compensation refers to material damage caused by the accident. Enforcement of the compensation thus applies, for example, to damage to our car. For this purpose, you should contact the insurer of the perpetrator and not the perpetrator himself. It is common practice to report damage by phone, although a significant part of insurers can do so via an online form.
Damage estimation
The next step is to estimate the damage to be the basis for determining the amount of compensation. The damage is assessed by an expert of the insurance company. Three methods are used here. Within the first one we send photos of vehicle damage to the appraiser so that he can assess the value of the damage and indicate the amount of compensation.
In the second case, we make an appointment with the appraiser to inspect the vehicle. On their basis, he will provide us with a cost estimate of preliminary repairs, which we will receive by post or e-mail. If any other damage resulting from the accident is discovered during the repair, please contact the insurer again so that he can include it in the cost estimate.
The third way is to return the damaged car to an Authorized Service Station. It is there that the repair cost estimate will be prepared, which should be handed over to the insurer. Remember not to carry out any repairs, as this may result in the damage not being taken into account when calculating the compensation.
Compensation – personal injury
Compensation is a form of compensation for loss of health, pain or the need to abandon plans. It includes reimbursement of medical expenses, rehabilitation and medicines, as well as reimbursement of earnings lost as a result of an accident and the treatment process. Compensation also includes physical and mental suffering.
Claiming for compensation should be started by notifying the insurer of the perpetrator of the personal injury. It should be done within 3 years from the date of the accident, because after that time the claims become time-barred. Only in the case of health disorder of more than 7 days, the claim shall become statute-barred after 20 years.
When reporting damage, the types of claims and the expected amount of compensation for them should be mentioned. In addition, a detailed justification of the claims is necessary. As a rule, the determination of the amount of compensation is the most problematic. It is difficult to quantify health and suffering. At this point, you can ask a lawyer or a compensation office to help you estimate the amount of compensation.
You can also do this on your own. It is possible, however, that the insurer will not agree with the amount estimated by us and will grant a lower benefit. You should then write an appeal. If this does not help, the next step is to report the complaint to the Financial Ombudsman and then go to court.
Understating the amount of compensation
It is quite common practice for the insurer to understate the amount of compensation. Recovery of underestimated compensation may then be associated with a long and costly court battle. However, this can be avoided. The solution here is a surcharge for insurance compensation. For this purpose, you should send the appropriate compensation office a cost estimate for the repair made by the insurer. Then the damage will be reassessed and the compensation will be surcharged.
It is quite a simple solution that does not generate unnecessary costs. What is important, even if the law firm does not manage to obtain additional money from the insurer, the injured party keeps the extra payment.
Enforcement of compensation can be a tedious process, especially when the insurer underestimates the amount of compensation. However, if you follow these guidelines or with the help of a lawyer, you will certainly be able to obtain adequate compensation.

  • Prev Post
  • Next Post