Since 2016, the compensation claim system has changed. With Law 35/2015, of September 22, reforming the system for the assessment of damages and injuries caused to people in traffic accidents. Previously, most accidents were carried out through criminal proceedings, now it has been reduced to the most serious cases and to cases of crimes against road safety .
Now, before going to court, it is mandatory to file a prior out-of-court claim with the insurance company and the insurer is obliged to make an offer of compensation that the claimant may accept or not.
If you find yourself involved in a traffic accident, whether you are the injured party or not, it is best to put yourself in the hands of lawyers specializing in traffic accidents , as they will be able to advise you in a specialized manner.
How to claim compensation
When you suffer a traffic accident, you have the right to claim compensation :
You have the right to request financial compensation, both for having suffered personal and material damages.
Collect all possible evidence
After the accident, go to the hospital: in order to prove the causal relationship between the injuries and the accident, it is important to go to the emergency room before 72 hours have passed . If this period is exceeded, the causal link will be broken and our claim may be rejected.
Notify your insurer of the accident: within a period of no more than 7 days , you must notify your insurer that the accident has occurred.
Try to reach an agreement with the insurance company
If you do not agree with the motivated offer that is sent to you, you can resort to legal proceedings.
Mandatory out-of-court claim
The injured parties, prior to filing a lawsuit, must report the incident to the poland telegram insurer, requesting the compensationthat corresponds. To be valid, this extrajudicial claim must comply with a series of formalities:
Identification and relevant data of the person or persons claiming
Identification of the vehicle and the driver who may have been involved in the accident
How much medical, expert or any other type of information allows for the quantification of damage.
The claim will interrupt the calculation of the limitation period from the moment it is submitted to the insurer obliged to pay the amount of the damages suffered by the injured party.
The injured party may NOT sue the insurer in court without having previously made a claim to the insurer.
From the date the injured party submits the claim to the company, they will have a period of 3 months from receipt to submit a reasoned offer .
After three months have elapsed without a reasoned offer having been submitted,compensation , late payment interest will accrue , and late payment interest will also accrue in the event that, having been accepted by the injured party, the offer has not been satisfied within five days , or the amount offered has not been deposited for payment.
Legal claim
If you do not agree with the motivated offer, and the insurer does not give in, your only option will be the courts. You have a period of 1 year to file a civil claim from the time the after-effects have healed.
Unlike what happened with the out-of-court claim, here you will need to hire the services of a lawyer and depending on the amount of compensation, you will also need the representation of a solicitor.