Settlement of claims for non-material damages resulting from death or bodily injuries and payment of compensations from the Fund for Uninsured Motor Vehicles of the Guarantee Fund
І. Filing a claim
ІІ. Necessary written evidence (documents) when filing a claim under Motor Third Party Liability Insurance
ІІІ. Necessary written evidence (documents) when filing a claim under accident insurance for public transport passengers
ІV. Evaluation of damages and determining the compensation amount
V. Decision on a claim and payment of compensation for material damages
ІV. Evaluation of damages and determining the compensation amount
- In case of death or bodily injury, the claim and the presented evidence are discussed by an Expert Insurance and Medical Committee at the Guarantee Fund, appointed by order of the Executive Directors.
2. The Committee issues a written proposal to the Board of the GF on the grounds and the amount of compensation to be paid to the injured person in accordance with the evidence presented and in compliance with the following criteria:
- Persons who are entitled to compensation for non-material damage resulting from death or bodily injury, established by an interpretative decision of the Supreme Court of Cassation.
- The severity and gravity of the pain and suffering endured.
- In case of death – the circumstances which led to death, the age of the deceased, the relationship between the deceased and his/her heir, who filed the claim for non-material and material damages, as well as persons who are entitled to an allowance from the deceased.
- In case of bodily injuries – the circumstances which led to the event, the age of the victim, the nature of the disability, the functional consequences depending on the degree of injury, under the provisions of the Criminal Code.
- Contribution to the damaging outcome through acts or omissions of the victim.
- Factual circumstances upon the occurrence of the event in case the circumstances contributing to the death or injury were known to the victim.
- Additional criteria – age of the injured person, if different from the victim, profession and other medical and social factors.
- The compensation for non-material damages and material damages related thereto, resulting from the death or bodily injury is determined by the Management Board based on the claim and all evidence pertaining to the establishment of the event and the amount of damages.
- The amount of compensation for non-material damages is determined:
- For the compulsory Motor Third Party Liability Insurance – based on the evidence presented in compliance with the criteria set out in item 2.
- For the obligatory Accident Insurance for passengers in public transport – based on the evidence presented, the minimum amount of insurance is paid in case of death, and in case of permanent disability – the percentage of the insurance amount equal to the percentage of permanent disability.
The amount of the compensation paid by the Fund cannot exceed the minimum insured amount under the compulsory insurance as determined for the year when the road accident occurred.