Law firm “Kolibanekova & Partners” has many years of experience and specialization in the field of insurance law and protection in case of traffic accidents (traffic accidents). Our team of highly qualified attorneys work tirelessly to provide the best legal assistance to our clients in motor vehicle accidents, including motorcycles. Our insurance lawyers are available in all regional cities in Bulgaria, including Sofia, Plovdiv, Varna, Burgas and Stara Zagora.

In this article we will consider the following important issues:

1. What are the initial actions to take in a motorcycle accident?
2. Who is responsible for paying compensation in the event of a motorcycle accident - the guilty driver or his insurer?
3. What happens if the guilty driver does not have civil liability insurance?
4. What types of claims can be claimed against the guilty driver?
5. Can I sue the state for poor road maintenance in a solo motorcycle accident, as a result of a hole or sand on the road?

Our team of lawyers for insurance law and accident protection works in all regional cities in Bulgaria, namely: Sofia city, Plovdiv, Varna, Burgas and Stara Zagora, to ensure that our clients receive timely and effective legal assistance. Whether you are a victim of a motorcycle accident or are looking for advice on your rights and obligations, our lawyers are at your disposal. In the following paragraphs, we will consider in detail what actions you need to take and what you can expect in the process of obtaining compensation.

What are the initial actions to take in a motorcycle accident?

In the event of a motorcycle accident, the initial actions are critical to the safety of the participants and the subsequent legal procedures. According to Art. 21 and Art. 28 of the Road Traffic Act (ZDVP), drivers are obliged to stay at the scene of the accident and provide assistance to injured persons. Always notify law enforcement and emergency medical care.

Important! Even if you are not involved in the accident, if you become a witness, you are obliged by law to immediately stop and provide assistance to the injured and other participants in the accident!

After making sure of the safety of all participants, collect evidence of the incident. Photograph the scene of the accident, record the names and contacts of witnesses, as well as the data of other participants. This will be important for claims under the Insurance Code (CC) and for possible legal proceedings.

According to Art. 493 and Art. 497 of the CC, insurers are obliged to pay compensation for damage caused in traffic accidents.

It should be recalled here that the quality of protective equipment, including the wearing of a helmet certified according to standard 22.06, if possible - higher quality, appropriate to the conditions and route protective clothing, specifically designed for driving a motorcycle, plays a key role in reducing the nature and extent of traumatic injuries due to PTSD P with the participation of a motorcycle. In recent years, airbags have also appeared on the motorcycle equipment market, which, when activated, fix the neck and helmet and have a significant impact on the size and type of injuries suffered.

Who is responsible for paying compensation - the guilty driver or his insurer?

The responsibility for paying compensation in the event of a traffic accident is mainly borne by the insurer under the compulsory insurance “Civil Liability” of motorists. According to Art. 493 of the Insurance Code (CC), the insurer covers the liability of the insured for damage caused to third parties as a result of the use of a motor vehicle. This includes non-pecuniary and property damage as a result of bodily injury or death, as well as damage caused to someone else's property and lost profits.

In the event of the occurrence of an insured event, the insurer is obliged to pay compensation within three months of filing the claim, according to Art. 496 of the CC. The guilty driver is only liable for damages if his liability is not covered by the civil liability insurance. More about a lawsuit against an insurer, you can read here!

Exceptions in which the insurer does not pay compensation are listed in Art. 494 of the CC and include damage suffered by the guilty driver, damage caused to a family member of the insured and other specific cases.

Therefore, the main responsibility for paying compensation for damage caused in a traffic accident lies with the insurer under the compulsory insurance “Civil Liability”.

What happens if the guilty driver does not have civil liability insurance?

If the guilty driver does not have compulsory motor liability insurance, the injured parties can claim compensation from the Guarantee Fund. According to Art. 519, paragraph 1, item 1 of the Insurance Code (CC), the Guarantee Fund makes payments in favor of injured persons for damage caused by a motor vehicle that is unidentified or whose guilty driver does not have a valid compulsory civil liability insurance. The Guarantee Fund is a legal entity with its registered office in Sofia and deals with the collection and management of funds to cover these cases (Art. 518 of the CC).

The guarantee fund covers non-pecuniary and property damage as a result of personal injury or death, as well as damage caused to someone else's property, in accordance with the provisions of the CC. To make a claim to the Guarantee Fund, you must submit the necessary documents proving the occurrence of the accident and the damage caused.

When an insured event occurs for which the guilty driver does not have insurance, it is important to contact a lawyer to help you with the claim and provide you with the necessary legal assistance. Our team of lawyers is available to assist you at any time.

What types of claims can be claimed against the guilty driver?

In the event of a traffic accident with the driver at fault, various types of compensation claims can be filed:

1. Claims for non-pecuniary damages — For pain and suffering as a result of bodily injury or death, pursuant to Art. 493, para. 1, item 1 of the Insurance Code (CC).
2. Claims for property damage — Compensation for expenses for medical treatment, repairs and other direct financial losses related to the disability, pursuant to Art. 493, para. 1, items 1 and 2 of the CC.
3. Claims for damages to the motorcycle and equipment — Compensation for damage to the motorcycle and protective equipment, pursuant to Art. 493, para. 1, item 2 of the CC.
4. Statutory interest — In court cases, when the main claim is upheld, interest is also awarded for late payment on the amount of insurance compensation if it is not paid on time, according to Art. 497, para. 1 of the CC.

According to Art. 493, para. 1 of the CC, the insurance company “Civil Liability” of motorists covers these claims if the guilty driver is insured. In the absence of insurance, benefits can be claimed from the Guarantee Fund, according to Art. 519 of the CC.

Important!! In the case, it is important not only to prove the damage to the protective equipment, but also the ownership of it. Therefore, it is extremely important to keep invoices, receipts and emails from online orders!

There was sand or a hole on the road and I crashed on my own. Can I sue the state for poor road maintenance?

Yes, in certain cases it is possible. In the event of a stand-alone accident caused by poor road maintenance, such as the presence of sand, you have the right to sue the state or the relevant municipality for compensation. This is possible if you can prove that the maintenance on the road was inadequate and led to the accident.

According to Art. 49 of the Law on Obligations and Contracts (ZZD),a person who has assigned any work to another person is liable for damages caused by him in or in connection with the performance of that work. Thus, in Article 21, paragraph 3, item 1 of the Law on Roads, it is stipulated that API - Road Infrastructure Agency organizes the implementation of public procurement for design, impact assessments on road safety and audits for road safety, construction, repair and maintenance of the roads of the Republic, as well as for scientific and applied research and consultations related to the management of roads.

In practice, this means that this is exactly what the state body would be to blame in the event that a traffic accident occurred as a result of a poorly maintained road section of the Republican road - the state is responsible for the damage caused by the actions or inactions of its bodies and employees in the performance of their official duties.

However, if the road is not republican, but municipal, then according to Art. 31 of the Roads Act, the repair and maintenance of municipal roads is carried out by the municipalities.

Therefore, in case of insufficient maintenance of a certain section of the road, which led to the occurrence of a motorcycle accident, you can file a claim for compensation for the damage suffered, but in order to succeed with such a claim, you must prove the following:

1. Poor road condition — presence of sand or other hazards that have not been remedied in a timely manner.
2. Causal relationship — it must be proven that the poor condition of the road is the cause of the accident.
3. Faulty conduct of the maintenance authority — it must be proved that the authority responsible for the maintenance of the road has not fulfilled its duties in a way that ensures the safety of road users.

Our judicial practice shows that success in such cases is possible, and there are cases when the state or municipality is convicted for poor maintenance of road infrastructure. However, it is important to bear in mind that each case is unique and the success of the claim depends on the specific circumstances and available evidence.

If you have been injured in a solo accident due to poor road maintenance, it is advisable to consult a lawyer to help you with the necessary legal actions and assist you in collecting evidence to file a claim. Our team of lawyers is available to provide you with professional legal assistance and protect your rights.