Third party liability accident compensation - what can you claim? Part II

In today's entry Continuation of the subject matter related to the compensation from the Third Party Liability of the perpetrator of the accident. This time I will try to give a brief overview of the claims to which the injured party is entitled for damaged property.

Most often, we seek compensation for a car damaged in an accident, often not realising that the perpetrator is liable in a much broader way. The most common claims include:

• • Repair of a damaged vehicle - In the case of so-called partial damage (i.e. when the car is repairable), you can demand that the car is repaired. The repair can be carried out in two ways. In non-cash form, i.e. at the repair shop indicated by the insurance company with which it has a contract. In this case, the repair shop settles directly with the insurance company. If the victim does not want to use this solution, he can have the repair done at a garage of his choice and provide the insurance company with receipts for the work done. Another option is to determine the value of the repair on the basis of a cost estimate and to provide the injured person with the appropriate amount to carry out this repair. It is up to the injured party to choose the method of settling the claim.
• • Payment of compensation- When the cost of repair exceeds the value of the vehicle before the damage, we are dealing with a so-called total loss. Its repair consists in the payment of compensation corresponding to the current market value of the vehicle in the state before the accident. The amount of compensation is reduced by the value of the wrecked car, if the victim leaves it behind. Some insurance companies assist the injured party in finding a buyer for the wreck.
• • Compensation for the difference between the value of the car before damage and after repair - is a claim that is available when a car is worth less than it was before the accident, despite having been properly repaired.
• • Reimbursement of the cost of hiring a replacement vehicle - an injured party may also seek reimbursement of expenses incurred in renting a replacement vehicle during the period of renovation of the damaged vehicle or for the period necessary to purchase a new vehicle, if the expenses were incurred in a reasonable and economically justified manner. It should be remembered that the replacement vehicle should be of a similar class to the damaged vehicle. It would not be justified to demand reimbursement of the expenses of renting a luxury vehicle if our own car was an average class vehicle.

In addition, it is possible to claim compensation for the costs associated with towing the damaged vehicle from the scene of the accident to the garage, parking costs if it was necessary to leave the car there, or compensation for damage to items that were in the vehicle (e.g. phone, tablet, laptop, etc.).
Do you need additional legal assistance? Do you have questions about compensation under the offender's third-party liability policy? write to me!