Road traffic accidents (RTAs) are among the most common legal incidents and can result in serious material and non-material damages. Injured individuals – whether pedestrians, passengers, or drivers – are entitled to compensation if the accident occurred due to the fault of another road user.
In this article, we explain the legal grounds for claiming compensation after an RTA, the procedure for filing a claim, and how an insurance law attorney can help protect your rights.
1. What types of compensation are available after an RTA?
If you are involved in a traffic accident, you may be entitled to the following types of compensation:
✅ Property damage – costs for vehicle repairs, medical expenses, and lost income.
✅ Non-material damages – physical pain, emotional suffering, permanent injuries, or loss of life.
✅ Compensation for death – awarded to the heirs of the deceased.
✅ Compensation for loss of working capacity – in cases of permanent injury or disability affecting the ability to work.
Important: The compensation is paid by the insurer of the at-fault driver under their Third Party Liability (TPL) insurance. In some cases, the claim may be directed to the Guarantee Fund (for uninsured or unidentified drivers).
2. Who is entitled to compensation?
According to the Insurance Code, the following individuals may claim compensation after an RTA:
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Drivers not at fault for the accident;
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Passengers in motor vehicles, regardless of who was at fault;
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Pedestrians and cyclists who were injured in the accident;
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Heirs of deceased victims.
Note: If the injured person contributed to the accident (e.g., by crossing on a red light or jaywalking), the compensation may be reduced or denied.
3. How is the compensation calculated?
The amount of compensation depends on several factors, including:
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Extent of injury – minor, moderate, or severe bodily harm;
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Medical treatment and rehabilitation – cost of medications, hospital stays;
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Psychological and emotional impact – trauma, stress, PTSD;
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Economic consequences – loss of income due to inability to work.
There is no fixed national compensation table in Bulgaria, but court practice and Guarantee Fund decisions have established common benchmarks based on injury severity.
4. How to claim compensation?
4.1. Collect necessary documents
Right after the accident, it is crucial to gather all supporting documents, such as:
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Police report – identifies the cause of the accident and the at-fault driver;
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Medical records – medical exams, diagnostics, expert assessments;
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Invoices – for medicine, treatments, and rehab;
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Camera footage and witness statements – to support the claim.
4.2. Submit a claim to the insurer
The compensation claim must be submitted to the insurance company of the at-fault driver.
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Deadline: 5 years from the date of the accident.
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Response time: The insurer has 3 months to make a decision.
4.3. Possibility of legal action
If the insurer does not respond within the legal timeframe or offers an unreasonably low amount, the injured party has the right to file a claim in court. A skilled insurance attorney can help build the case and represent your interests effectively.
5. Filing a lawsuit – what you need to know
If you are not satisfied with the insurance company’s decision or you do not receive a timely response, you can take legal action against the insurer or the Guarantee Fund (if the at-fault driver is uninsured or unknown).
In court, you must prove:
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That the accident occurred;
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Who was at fault;
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The nature and extent of your injuries;
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The connection between the accident and the damages suffered.
Important: Legal claims must be supported by thorough documentation, including medical records, expert reports, and police protocols. Often, psychological evaluations and testimony from witnesses are also necessary.
6. What can an attorney do for you?
A professional personal injury or insurance law attorney can help by:
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Evaluating your case and estimating realistic compensation;
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Preparing and submitting the claim to the insurance company;
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Gathering and organizing the required evidence;
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Negotiating with insurers to reach a fair settlement;
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Representing you in court if necessary.
The attorneys at LegalFrame.bg specialize in RTA compensation claims and have extensive experience in protecting the rights of injured individuals and their families.
7. How much does it cost?
Initial consultations with an attorney at LegalFrame are often free of charge, and fees are usually contingent on success – meaning you pay only if compensation is awarded. This ensures access to justice even for those without upfront resources.
Conclusion
Road traffic accidents can have devastating effects – both physically and emotionally. However, the law offers effective mechanisms to seek compensation and restore justice.
If you or a loved one have been injured in an accident, don’t hesitate to contact Legal Frame for professional legal support. We will guide you through every step of the process and fight for the compensation you deserve.
