Concept and types of damage
According to the law of obligations, the damage is when reduction of someone’s property or disturbs someone’s property gain or by activating or performing other physical pain, mental pain or fear.
There is two types of institution for damage in our legal system as material and non-material damage.
Property damage includes property gain values such as a decrease in property gain or prevention of its increase and infliction of physical pain.
The institute of non-material damage includes a range of spiritual, psychological, emotional and abstract values, violations of personal rights such as emotional pain, fear, reduction of life activity, disgrace, honor, reputation, dignity, intellectual creation, etc., which are complemented by monetary compensation.
Liability for damage caused by traffic accidents
With the occurrence of traffic accidents, can occur both material and non-material damage.
The Law on Obligations states who will be responsible if such a violation of property and personal rights occurs, ie damage, so there is guilt if the perpetrator did the damage intentionally or with extreme negligence.
In the event of a car accident, if the person responsible for the accident caused it accidentally or intentionally, he will be held liable on the basis of guilt.
If in the accident there is mutual fault of each of the owners of motor vehicles, the owners will be held jointly liable.
The LOR determines who is responsible for the traffic accident, but still the person responsible for the accident, ie the person who is the actual pest, does not always have to match the person who is the legal pest, that means for example the person who caused the accident to is a de facto pest, if the person who did not cause the accident but is the owner of the vehicle that caused the accident is a legal pest.
Insurance for damage caused by traffic accident
If the owner of a motor vehicle has insured the vehicle against damage in a traffic accident, the one who is obliged to compensate the damage is the insurance company.
The Law on Compulsory Insurance in Traffic Accidents imposes an obligation on the owners of motor vehicles to insure the vehicle in case of an accident before putting the vehicle into traffic. This insurance also covers the liability of all persons who, with the consent of the owner, manage the insured vehicle.
Owners of motor vehicles conclude an insurance contract for motor third party liability, ie liability for damages caused by the use of a motor vehicle to third parties, as well as damage to items by third parties other than the items he has received for transport.
All persons in the vehicle that caused the accident, and all persons in other vehicles that participated in the accident, as well as pedestrians, are entitled to compensation.
In case of a traffic accident, the injured party should submit a claim for compensation to the responsible insurance company. A lawsuit can also be filed after the injured party is not satisfied with the determined compensation in an out-of-court procedure. In case of accident involving a vehicle with foreign registration as in the previously mentioned cases, the insurance companies submit the claim for damage to the Guarantee Fund of the National Insurance Bureau (which is established by at least two insurance companies that have a license to operate motor third party liability insurance, and is a legal entity) from which the compensation for damages will be refunded.
Process for providing same compensation
In case of a traffic accident, the persons involved in the traffic accident are obliged to exchange data from the personal identification documents, registration data for the motor vehicle and the documents from which it can be seen that they have concluded a car liability insurance contract in accordance with the Law on Compulsory Insurance. in traffic, and at the request of the responsible insurance company to provide a comprehensive and detailed report on the circumstances under which the accident occurred.
This means that the insurance company with which the actual pest has concluded a contract for compensation in case of accident, assumes the obligation to compensate for damage that will occur in the event of a car accident.