Traffic accidents are an unpleasant life situation that most drivers will encounter at least once. If you’ve been hit, it’s important to know what you’re entitled to as a victim and how to properly pursue compensation after a car accident. In this article, you will learn how to proceed, what you can claim, how compulsory liability compensation works and the specific procedures for claiming compensation.
While car accidents are often dealt with primarily as a car repair issue, the reality is much broader than that. If you are hit, you are entitled to compensation not only for the vehicle itself, but also for other damages you have suffered – from the items inside the car to personal injury and psychological effects. The Civil Code gives you the right to seek full compensation, whether it’s a minor accident in a parking lot or a more serious collision.
However, many victims are unsure of what all they can claim and how to proceed correctly so they don’t lose the money they are owed. The following is an overview of what you may be entitled to as a victim of a car accident, the process of compensation under compulsory liability insurance and your options for dealing with the situation – from repairing the car to settling out of court or
The injured party is entitled to claim compensation for the full extent of the damage. This applies not only to material damage to the car (clothes, luggage and other items), but also to damage to health, life and any non-material damage. The procedure is governed by the Civil Code.
This means that if you are hit, you are not only covered for the repair of your vehicle, but also for any other costs you have reasonably incurred as a result of the accident. Typical items include:
There are certain specifics when dealing with compensation for car accidents. The first is the aforementioned presence of insurance companies, and the second is the often high amount of damage, the repair of which may exceed the current price of the vehicle. It is also not always possible to repair the car and thus respect one of the basic rules of compensation (restoring it to its previous state).
It is always necessary to assess the actual situation, the amount of damage and the possible repair of the car. One of three methods of compensation is then chosen, which are:
Only reasonable and necessary costs are reimbursed, which has been repeatedly supported by court decisions.
Repair of the vehicle is the most appropriate way of dealing with the damage under the law. However, this approach is not always appropriate. If the car is too badly damaged and its repair would already exceed the normal value of the vehicle, this procedure is not applicable. However, if the insurance company’s adjuster chooses this option, he or she can usually also recommend the insurance company’s contractual service and, after the repairs have been made and invoiced , the victim will claim the costs incurred from the insurance company.
Budgeting is the second option; the insurance company provides benefits equal to the estimated costs. To determine this, insurance companies have computer systems in which the prices of spare parts and the prices of car repair services are entered.
If the price determined in this way differs significantly from the calculation of the garage itself, then it is appropriate to resolve the procedure with the insurance company, or to secure a further calculation from another garage or a forensic expert.
However, the insurance company should not reduce the budget by including older spare parts instead of new ones. It is not right to require the victim to look for spare parts of the appropriate age (as has also been held in a number of judgments).
Reimbursement of the normal value of the vehicle (so-called total loss) is a situation that occurs, for example, in very old vehicles. In such a case, the repair of the vehicle may far exceed the current (normal) price of the vehicle, which is therefore no longer worth repairing. In such a case, the insurance company will determine the cost of purchasing a given type of car in a similar technical condition and year of manufacture, equipment, etc. The usable residues of the car are usually deducted from this price. According to current case-law, if the cost of repair significantly exceeds the normal value of the vehicle, the insurer is not obliged to cover the cost of repair, but only the normal price before the accident.
Tip: The accident report, often referred to as the accident report or euroform, is a key document when dealing with a claim. How to fill it in correctly?
The cost of hiring a replacement vehicle is also covered if the injured person is unable to use their car while it is being repaired. However, insurers usually also monitor the repair period carefully and do not want to cover costs for longer than is usually necessary for the repair. The injured party must also prove the actual need for the replacement vehicle, its usefulness and the reasonableness of the rental price.
Car accidents are not only associated with damage to property, but unfortunately also damage to life and limb. The injured person’s medical treatment, surgery or hospital stay will, of course, be paid for by his or her health insurance company. However, the latter may then make a recourse claim either to the commercial insurer of the person at fault or directly to the person at fault.
In addition to compensation for medical expenses, the injured person can also claim:
Many accidents are settled out of court after a car accident between the victim and the insurance company. However, if the insurance company refuses to pay or offers an inadequate amount, it is possible to seek compensation through the courts. We will be happy to help you negotiate fair terms and represent you in court proceedings.
Tip: The number of road accidents is increasing year by year and although none of us wants it to happen, the likelihood that one day it will happen to us is not entirely remote. Do you know what to do in such a car accident?
If you are hit, you are entitled to full compensation as a victim – not just for repairs to your vehicle, but also for the items damaged in your car, personal injury, loss of earnings and psychological harm. Compensation is claimed from the at-fault party’s compulsory liability insurance and can take the form of car repairs, budget compensation or total damages (payment of the normal value of the car before the accident). In addition, reimbursement of the rental of a replacement vehicle during the repair period may be claimed. In the event of personal injury, medical expenses, pain and suffering, social disability or compensation for loved ones in the event of death are covered. The insurer is obliged to pay for costs reasonably incurred, may not unduly reduce the benefit due to depreciation and in the event of a dispute, recourse to the courts is possible. The police must always be called in the event of an injury, damage exceeding CZK 200,000 or if the parties involved in the accident disagree on who is at fault. In many cases, the situation is resolved through out-of-court settlements after the accident, but if the insurance company has not performed correctly, fair compensation can be sought in court.
Full compensation for damages – i.e. car repairs, damage to property, health, loss of earnings and a replacement vehicle.
The injured party makes a claim with the at-fault party’s insurance company, which pays the costs reasonably incurred.
She shouldn’t. According to case law, it is wrong to require the injured party to search for old spare parts.
It varies according to the type of damage – for property damage it is the cost of repairs or the usual price of the car, for personal injury damage it is based on pain and suffering tables and individual assessment.
Yes, if you are injured, the damage exceeds CZK 200,000 or the drivers disagree on who is at fault.
Get compensation for harm or damage – quickly and without stress. We will assess your chances, propose a strategy and prepare a challenge. All within 48 hours of placing your order. If necessary, we will then file a lawsuit and arrange legal representation. We will stand up for you fully.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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