According to the law of obligations, the damage is when reduction\nof someone’s property or disturbs\nsomeone’s property gain or by activating or performing other physical pain,\nmental pain or fear.<\/p>\n\n\n\n
There is two types of institution for damage in our legal\nsystem as material and non-material damage.<\/p>\n\n\n\n
Property damage includes property gain values \u200b\u200bsuch as a\ndecrease in property gain or prevention of its increase and infliction of\nphysical pain.<\/p>\n\n\n\n
The institute of non-material damage includes a range of spiritual, psychological, emotional and abstract values, violations of personal rights such as emotional pain, fear, reduction of life activity, disgrace, honor, reputation, dignity, intellectual creation, etc., which are complemented by monetary compensation.<\/p>\n\n\n\n
With the\noccurrence of traffic accidents, can occur both material and non-material damage.<\/p>\n\n\n\n
The Law on Obligations states who will be responsible if\nsuch a violation of property and personal rights occurs, ie damage, so there is\nguilt if the perpetrator did the damage intentionally or with extreme\nnegligence.<\/p>\n\n\n\n
In the event of a\ncar accident, if the person responsible for the accident caused it accidentally\nor intentionally, he will be held liable on the basis of guilt.<\/p>\n\n\n\n
If in the accident there is mutual fault of each of the owners of motor vehicles, the owners will be held jointly liable.<\/p>\n\n\n\n
The LOR determines who is responsible for the traffic accident, but still the person responsible for the accident, ie the person who is the actual pest, does not always have to match the person who is the legal pest, that means for example the person who caused the accident to is a de facto pest, if the person who did not cause the accident but is the owner of the vehicle that caused the accident is a legal pest.<\/p>\n\n\n\n
If the owner\nof a motor vehicle has insured the vehicle against damage in a traffic\naccident, the one who is obliged to compensate the damage is the insurance\ncompany.<\/p>\n\n\n\n
The Law on Compulsory Insurance in Traffic Accidents\nimposes an obligation on the owners of motor vehicles to insure the vehicle in\ncase of an accident before putting the vehicle into traffic. This insurance\nalso covers the liability of all persons who, with the consent of the owner,\nmanage the insured vehicle.<\/p>\n\n\n\n
Owners of\nmotor vehicles conclude an insurance contract for motor third party liability,\nie liability for damages caused by the use of a motor vehicle to third parties,\nas well as damage to items by third parties other than the items he has\nreceived for transport.<\/p>\n\n\n\n
All persons\nin the vehicle that caused the accident, and all persons in other vehicles that\nparticipated in the accident, as well as pedestrians, are entitled to\ncompensation.<\/p>\n\n\n\n
In case of a traffic accident, the injured party should\nsubmit a claim for compensation to the responsible insurance company. A lawsuit\ncan also be filed after the injured party is not satisfied with the determined\ncompensation in an out-of-court procedure.\n\nIn case of accident involving a vehicle with foreign\nregistration as in the previously mentioned cases, the insurance companies\nsubmit the claim for damage to the Guarantee Fund of the National Insurance\nBureau (which is established by at least two insurance companies that have a\nlicense to operate motor third party liability insurance, and is a legal\nentity) from which the compensation for damages will be refunded.\n\n\n\n<\/p>\n\n\n\n
In case of a\ntraffic accident, the persons involved in the traffic accident are obliged to\nexchange data from the personal identification documents, registration data for\nthe motor vehicle and the documents from which it can be seen that they have\nconcluded a car liability insurance contract in accordance with the Law on\nCompulsory Insurance. in traffic, and at the request of the responsible\ninsurance company to provide a comprehensive and detailed report on the\ncircumstances under which the accident occurred.<\/p>\n\n\n\n
This means that the insurance company with which the actual\npest has concluded a contract for compensation in case of accident, assumes the\nobligation to compensate for damage that will occur in the event of a car\naccident.<\/p>","protected":false},"excerpt":{"rendered":"
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