Your rights as a victim in an accident due to the fault of a driver with civil liability insurance
Your rights as a victim in an accident due to the fault of a driver with civil liability insurance
On 12.07.2021 A.H. drove on the road town.L - village.Pr within the speed limit. On the right there was a turnoff from the village of Dr - town of Po, passing through the village of Pr, where they live. It is said that he turned right, taking this road section, and the road there was one-way and he was moving in the right direction. At the moment when he made the turn - after about 15 meters, a Mercedes car driven by *** crashed into him. He could not avoid the collision, as he had entered the bend and there were trees on the right, and the combination of these circumstances limited his visibility. He hit the brakes, the two cars collided and lost consciousness. His daughter P.A.H. She was driven in the back seat, placed in a child seat with a seat belt. She was taken to the Emergency Room at the District Hospital - L for examination, after which she was discharged the same day. After the accident she suffered many injuries, mostly mental and physical: abrasions on the left side of her stomach, bruises on her arms and legs. It is alleged that after the incident she started urinating (3-4 months), stuttering and "dragging" the words when she uttered them. The incident had an overall impact on the child's life, completely changing his behavior. After the incident the child began to cry at night. When she woke up she started coming to her parents and telling them that she dreamed "how she falls asleep behind the wheel", "how they collide with the car, she is afraid of cars and vehicles, she is afraid to cross the street, even in a village where traffic is not is intense and the traffic is small, they started to panic - attacks - she does not have enough air. After the accident within 2-3 weeks there was a change in her behavior, constantly calling relatives on the phone - uncle, aunt, grandmother, grandfather .The child has become more thoughtful, immersed in his own thoughts, uncommunicative and closed.He needs longer to get to know other children he meets and when he sees strangers and it takes much longer before he starts to communicate freely with them. She is already afraid to ride a bike on the street because she shared that she is afraid of cars and for this reason she drives only at home in the yard, and before she went out on the street in front of the house and drove freely. that change in her life is that does not want to sleep alone, the recovery of P.H. continues to this day.
I.
(1) The person, who wishes to receive insurance indemnity, shall be obliged to submit to the insurer a written insurance claim.
The person is obliged to provide complete and accurate data on the bank account to which the payments are to be made by the insurer, except in cases of refund in kind.
(2) The insurer shall make the payment of the insurance indemnity on the provided bank account regardless of whether its amount has been determined by the insurer or by court order.
The change of the bank account is binding on the insurer only after it has been explicitly and in writing notified before the payment, including in the course of legal proceedings.
(3) The non-submission of data for the bank account by the person shall have the consequences of delay of the creditor with regard to the payment, as the insurer shall not owe interest.
(1). With the contract for insurance "Civil liability" the insurer:
1. undertakes to cover, within the limits of the sum insured in the insurance contract, the liability of the insured for the property and non-property damages caused by him to third parties, which are a direct and immediate result of the insurance event;
2. may undertake to cover, within the limits of the sum insured in the insurance contract, the liability of the insured for non-fulfillment of his contractual obligation.
(2) The insurance indemnity shall also include:
1. lost benefits, which represent a direct and immediate result of impermissible damage;
2. interest for delay, when the insured is responsible for their payment before the injured person.
(3) The interest for delay of the insured, for which he is responsible before the injured person, shall be paid by the insurer only within the insurance amount (limit of liability). In this case, the insurer pays only the interest for delay due by the insured from the date of notification by the insured of the occurrence of the insured event in the following order / The insured is obliged in connection with his civil liability within 7 working days of learning to notify the insurer of the occurrence of an insured event / or from the date of notification or filing of an insurance claim by the injured party, which is the earliest of the dates.
(4) For liability for lost benefits as a result of non-performance of a contractual obligation, the insurer may provide coverage against payment of an additional premium.
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg