The frequently asked question is whether you can exercise the right to compensation for non-pecuniary damage as a third party in the event someone is as close to you as a driver who has crashed an accident, thereby not further “damaging” the driver himself? The bail lawyer mississauga will give you the answer.
The answer is YES, but under certain conditions.
So, if you have been involved in the accident as a third party, as we have already stated in the text, you in any case have the right to compensation for non-pecuniary damage that you can claim from the owner of the vehicle that was cursing the accident, his insurance company, and the owner who is not responsible for the accident.
However, what has been demonstrated through practice as a “brake” in many damaged ones is the situation in which a person is responsible for the accident. Even in such a situation, the injured party can apply for non-pecuniary damage to the insurance company, of course, provided the vehicle was insured.
Agreement on compulsory insurance in traffic
Our Law on Obligatory Traffic Insurance prescribes the obligation for the owner of a motor vehicle to conclude an insurance contract for damages caused by the use of a motor vehicle to third parties due to death, bodily injury, damage to health, destruction or damage to things, car insurance.
Therefore, by the conclusion of the Compulsory Insurance Agreement, the owner of the motor vehicle is ensured from possible liability for damage caused to third parties, the insurance company assumes the obligation to protect it from filed claims for damages of third parties, up to the amount of the contracted insured sum.
However, this obligation is not absolute, and more precisely the law provides for situations in which insurance is entitled to regress the amount of damage compensated to a third party directly from the owner of the vehicle. These are the following situations:
- if the driver did not use the vehicle in accordance with his purpose;
- if the driver did not have a driver’s license, unless it is a driver’s driver during training;
- if the driver has been taken away from the driver’s license or is excluded from traffic, or a measure for the prohibition of driving a motor vehicle has been pronounced, the ban on the use of foreign driving licenses in our country;
- if the driver was under the influence of alcohol and other unauthorized substances;
- if the driver deliberately caused damage;
- if the damage was due to technical malfunction of the vehicle, which was known to the driver;
- if the driver has left the venue without giving personal data and insurance details.
So, if in your case there is not one of the situations listed above, you can without fear demand compensation for non-pecuniary damage from the insurance company, as it will not be regressed from the driver, and you will not make it even more difficult and the already difficult situation in which the driver was found.