COMPENSATION FOR A ROAD TRAFFIC ACCIDENT – WHAT & WHO CAN CLAIM?

The amounts that can be claimed not only by the injured party but also, depending on the case, by all members of their family are much greater than what the average person knows or believes.

Often, those involved in a road traffic accident are unaware of the full extent of their rights, resulting in the loss of a significant portion of their claims and settling for a much smaller compensation than they are entitled to.

In every road traffic accident case, even with simple material damages, a well-structured lawsuit secures a range of important and significant monetary claims, both for the injured driver and passengers, as well as for other entitled parties and all family members.

  1. Road Traffic Accident with Material Damages

In the event of a road traffic accident with material damages, the injured parties and their family members can claim the following monetary amounts:

  1. a) Compensation for the full repair and restoration costs of the vehicle (value of spare parts and mechanic labor costs, plus applicable VAT). Once the vehicle is repaired, the injured party can demand payment of the full value of the spare parts and repair labor. At this point, the preparation of a detailed and justified assessment of the vehicle’s material damages and the total monetary amount required for its repair by a specialized expert, in cooperation with an experienced network of technical consultants, is crucial.
  2. b) Compensation due to reduction in the vehicle’s market value. Due to the accident, the value of the involved vehicles inevitably decreases, even if fully repaired. The reduction in the vehicle’s market value stems from the fact that any future prospective buyer of such a vehicle, based on common experience and logic, will naturally have reservations. This factor significantly reduces the vehicle’s market value, forming a claim for compensation equal to the loss suffered by the current owner.

Even if the vehicle is fully repaired, its value decreases because of inevitable buyer caution. This compensation concerns the loss of the vehicle’s market value resulting from the accident.

  1. c) Full market value of the vehicle in case of total destruction (minus the salvage value). The injured party can claim this important amount from the court if the vehicle has sustained such severe material damage that repairing it is economically unfeasible. This typically occurs when the cost of repair exceeds or approaches the vehicle’s market value at the time of the accident. In calculating the current market value of the totally destroyed vehicle, the salvage value (the amount recoverable from the remaining parts) is deducted. Therefore, the preparation of a detailed, justified expert report is essential, indicating: 1) the total cost of restoring the vehicle’s damages, 2) the vehicle’s total market value at the accident time, and 3) the salvage value deducted from the market value.
  2. d) Expenses for appointing experts and technical consultants to analyze and document the specific conditions of the accident. Throughout the process, from the accident occurrence to the court ruling or collection of maximum compensation, a detailed technical expert report is vital. This report should accurately state the value of the material damages and the full restoration cost required to return the vehicle to its pre-accident condition.
  3. e) Compensation for deprivation of vehicle use, including taxi fares or vehicle rental until full restoration. It is reasonable that after an accident causing material damages, the vehicle cannot be used by its owner or family for as long as it is in repair. Similarly, in case of total destruction, the owner and family permanently lose a necessary means of transportation. This deprivation causes additional expenses for the owner and family (e.g., taxi fares, public transport, rental cars) to cover daily transportation needs (e.g., commuting, children’s school, hospital visits). These costs can be claimed from the court with legal interest from the accident date until full payment.
  4. f) Compensation for destruction or damage to the personal belongings of the driver and passengers (e.g., clothing, mobile phones, helmets, electronic devices). The force of the collision and friction in an accident often destroys clothing and other personal items carried by the driver or passengers.
  5. g) Compensation for transport and storage of the damaged vehicle. Depending on the severity of the collision, the involved vehicles may be unsafe to move. This leads to extra expenses for transporting the vehicle from the accident site and storing it safely. This claim remains valid even if the injured party has roadside assistance insurance, as the law allows claiming the full amount that would have been spent if not covered.
  6. h) Compensation for destruction or damage to any additional special equipment installed in the vehicle (e.g., alarms, TV, radio systems). If the vehicle had aftermarket equipment installed by the owner at their expense, the owner can claim full compensation for these items if damaged or altered by the accident.
  7. i) Loss of income for professional vehicles during the period until full restoration. It is common for professional vehicles (e.g., taxis, company cars, trucks) involved in accidents to lose a significant part of their value, be commercially downgraded, or become non-operational. The owner can claim compensation for income lost due to inability to use the professional vehicle.
  8. j) Monetary satisfaction for moral damages to the injured driver and passengers. Regardless of the accident’s consequences, it is reasonable that emotional distress, sorrow, and hardship are caused not only to the vehicle’s owner but also to the driver and passengers who undergo significant emotional and psychological trauma. The law explicitly provides victims the right to full monetary compensation for moral damages caused by the accident. This amount can be substantial with proper presentation and support.

 

 

  1. Road Traffic Accident with Bodily Injuries

In case of bodily injuries to the driver or passengers, the injured parties can claim the following amounts:

    1. a) Medical expenses until full recovery of bodily injuries. This includes a wide range of medical costs the injured must inevitably undergo for complete physical restoration. Specifically, it covers transportation to/from hospitals, wages for private nurses, purchase of pharmaceutical and paramedical products (e.g., crutches, orthopedics, medication), gratuities to doctors or nurses, physiotherapist fees, medical consultations, diagnostic exams, X-rays, and more.
    2. b) Future medical expenses. Following bodily injury accidents, future medical treatments, surgeries, and care are often necessary. The law allows claiming anticipated future medical costs.
    3. c) Compensation for destruction or damage to any additional special equipment installed in the vehicle. (Same as above in I.h)
    4. d) Loss of income due to vehicle repair. The injured can claim lost income for the days spent dealing with vehicle repairs.
    5. e) Destruction of tools or professional items. Professional tools or items destroyed in the accident (e.g., camera, computer) are considered livelihood tools, and the injured can claim full compensation for their value.
    6. f) Loan expenses and interest. It is reasonable that the injured and family withdraw large sums from bank accounts after an accident. They can claim the expenses and interest lost due to these withdrawals.
    7. g) Parking space rental expenses. If the parking space cannot be used due to vehicle damage, the rental costs during this period can be claimed.
    8. h) Exclusive nurse expenses. If the injury requires a private nurse for full or part-time care, the related expenses can be claimed, especially for severe injuries.
    9. i) Medical treatment expenses. This covers medicine, bandages, antiseptics, paramedical products, hospital transport, psychologist fees for mental support, etc.
    10. j) Payment for a housekeeper. The injured unable to care for themselves can claim the total cost paid for a housekeeper for daily care.
    11. k) Payment for a family member or relative acting as housekeeper. It is common for a family member or close person to provide daily care instead of a professional nurse. In such cases, the injured can claim compensation based on the hourly rate of a professional nurse for the hours worked.
    12. l) Expenses for improved nutrition. For full recovery, doctors may recommend a special, improved diet rich in vitamins and nutrients. The increased costs for such nutrition can be claimed.
    13. m) Loss of income and lost profits. Bodily injuries often prevent the injured from working. The law recognizes the right to claim compensation for all lost income and profits due to the injury. or this reason, the law recognizes the right of the injured party to request from the Court, as compensation, the total income lost due to the traffic accident during the period they were forced to abstain from work in order to complete their medical treatment according to doctors’ instructions, thus achieving full recovery of their health.
    14. id) Amounts of maintenance obligations for persons (e.g., the injured party’s children) during the period required for the injured party’s recovery, during which the injured party inevitably loses income.
    15. ie) Claim for maintenance by family members
      As mentioned earlier, a traffic accident causing bodily injuries inevitably leads, in most cases, to loss of income, which also entails loss of maintenance for those persons who, under the law, are entitled to maintenance from the injured party (e.g., children, parents, siblings, etc.). Thus, these persons, who are entitled by law to maintenance, can file an appropriately formulated lawsuit to claim from the Court the amounts of maintenance they were deprived of during the period deemed necessary for the full recovery of the injured party’s injuries.
    16. ist) Monetary compensation for the injured party’s moral damage
      After a traffic accident causing bodily injury, the injured party inevitably experiences emotional and psychological distress and suffering throughout the period of hospitalization and until full recovery of their health, for which they may claim full monetary compensation from the Court under the law.
    17. iz) Monetary compensation in case of disability or disfigurement caused to the injured party due to the traffic accident

In addition to the monetary compensation for moral damage mentioned above, the injured party is entitled under the law to claim further monetary compensation in case of disfigurement or disability causally caused to the injured party as a result of the traffic accident, provided that such disfigurement or disability affects their future. In other words, as long as the disability or disfigurement suffered by the injured party from the traffic accident may affect their future professional, economic, and social development. From this, it is evident how important and substantial such monetary compensation can be for the future financial support of an individual who, due to a traffic accident, suffered such a deformity or disability, which may adversely affect all levels of their life, especially their personal or professional rehabilitation, and thus their ability to live or earn a dignified livelihood in the future.

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