A road traffic accident claim starts by identifying what happened, the injured parties and the damage that can be substantiated. An insurer’s offer must be analysed alongside the evidence of the accident and the medical records; receiving a proposal does not show that it covers every compensable item.
What to gather from the outset
Keep the agreed accident statement, vehicle and insurer details, photographs and, if one exists, the police report reference. Record potential witnesses’ details without publishing personal information. For injuries, keep emergency, follow-up and rehabilitation reports and records of related expenses. Healthcare must respond to health needs; it also helps document how injuries develop.
Prepare a chronology distinguishing the accident, medical consultations and communications with the insurer. An invoice substantiates an expense, but its connection with the accident and its justification will also need to be established.
What the three-month period means
Article 7 of the law on civil liability and motor vehicle insurance provides for a three-month period from receipt of the injured party’s claim. If liability and the amount of damage are established, the insurer must make a reasoned offer. In other circumstances it must give a reasoned response meeting the legal requirements.
That period is not a promise that the full compensation will be paid within three months. If recovery is ongoing or liability is disputed, the response, information obligations and next steps must be reviewed.
How to review an offer
Compare the recognised items with the available documentation: temporary injuries, possible permanent consequences, particular losses and expenses, where applicable. Check which reports underpin the calculation and which items are excluded. Do not confuse accepting an interim payment with signing a waiver or a final settlement: the specific wording matters.
The version of the legislation applicable on the accident date, amendments and their transitional rules must also be checked. Time limits for bringing claims require an individual calculation taking account of demands and other steps already taken.
Frequently asked questions
Does medical discharge require me to accept the offer?
Not by itself. Its clinical meaning, the stabilisation of the injuries and the documentation supporting compensation must be assessed.
Can I claim without an agreed accident statement?
Other evidence may exist, such as a police report, photographs or witnesses. The absence of the statement does not automatically determine liability for or against anyone.
For a review of your documents, you can consult our road traffic accident service and request an appointment. Sending a request does not confirm a date or constitute acceptance of the engagement.
This is general information and does not determine the amount or time limit applicable to a particular accident.
