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In general, the conflict is resolved through the insurance companies of the two or more drivers involved in the accident. So complaints are usually filed against the other driver and his or her insurance company, although the law does allow the complaint to target the insurance company only. In the event the alleged offender in the accident is not identified, there are mechanisms to guarantee you are protected from a legal standpoint.
Basic norms on how to proceed
As for the basic norms of what to do in case you have a traffic accident, keep these tips in mind:
- It is always better to be polite and show a spirit of co-operation, whoever is responsible for the accident. Wasting no time, and doing so at the site of the accident, the two sides should agree to fill out the so-called friendly settlement statement (you should always carry several copies along with the car's registration papers, etc). This statement will carry a description of the accident, identify the damage to each vehicle and is then signed. This procedure is better than the traditional practice in which the drivers exchange information on their insurance policies. In this case a driver can be tempted to interpret the accident differently than they would in signing the on-the-spot settlement statement. To play it safe, a driver involved in an accident should take down the phone number of another driver or pedestrian who witnessed the accident in case they need to be called in to testify.
- If the other driver resists co-operating, is aggressive, under the influence of alcohol or refuses to share information (for example, because he has no insurance or any other unusual circumstance), it is better to call the police, who will file a report on the accident.
- Persons injured in an accident have to go to the hospital to be treated and have doctors fill out a report that will be used as evidence. In these cases involving personal injury, experts recommend filing a complaint with the police. You have six months from the time of the accident. To file a civil suit (when the only damage is to the car), you have a year.
- The deadline for reporting the accident to your insurance company (Autoclub) is one week, unless your policy states otherwise.
- In the event it is not known which car caused an accident in which there is personal injury, those affected can resort to the Insurance Compensation Consortium. You should also turn to this government body if the car that caused the accident is not insured. The consortium is obliged to intervene and consider paying damages under the law governing civil liability and car insurance, on the basis of information it requests from those affected.
That law stipulates that on January 1st of each year, the amounts paid out in damages should be updated. The amount of increase is equal to the rate of inflation for the previous year (a 4% increase was applied in 2003).
You can get additional information about this at the State Insurances and Retirement Funds Office. Phone numbers: 91 339 71 25 or 91 339 71 12.
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