For the physical/material damages suffered by traffic accident victims, compensation may be requested within the scope of KTK art.85 et seq. and TBK art.49-58.
Items that can be claimed
- Treatment expense, temporary/permanent incapacity, loss of earnings
- Carer expenses, transportation, prosthesis, accompaniment
- Pecuniary damage (TBK art. 56)
- Deprivation of support (in case of death)
Defendant Title
- Faulty driver (operator, driver, owner)
- compulsory traffic insurer of the vehicle (KTK art.97 direct lawsuit)
- Assurance Account (uninsured/runaway vehicle)
Competent and Competent Court
Commercial court of first instance (if there is an insurance party) or civil court. Authorized: the place of accident, the defendant's residence or the damaged residence.
Prescription (KTK art. 109)
- 2 years (damage and learning of the perpetrator)
- 10 years in any case
- If it constitutes a crime, extended criminal statute of limitations is applied
Supreme Court 17. HD
17. HD accepts that the insurer can be a direct defendant within the policy limit and that the fault rate should be examined meticulously by an actuary + expert.
Contact with a traffic law lawyer. If the period is missed, the right will be forfeited.