Jak správně postupovat při dopravní nehodě
Dopravní nehoda je vždy stresující situace – ať už jde o drobný „ťukanec“ na parkovišti, nebo vážnější kolizi na silnici….
After an accident that was not your fault, you claim compensation directly from the at-fault driver’s insurer. I will take over all communication for you – from reporting the claim to recovering the balance of what the insurer did not pay.
Have your case assessedIn most cases, the at-fault driver does not pay compensation out of their own pocket – it is paid by their insurer from their compulsory motor third-party liability insurance (MTPL) (povinné ručení). The insurer also decides how much to pay you. In other words, it assesses the validity and amount of the claims that it has to pay itself.
Once the claim has been reported, it opens an investigation:
In doing so, it only assesses what it has available. Claims that no one has properly calculated and documented will not be included in its calculation.
Making the individual claims, documenting them and keeping an eye on deadlines. In practice, this is the demanding part – especially while you are still undergoing treatment.
You deal with the insurer, not with the at-fault driverYou make your MTPL claim directly with the insurer of the vehicle that caused the accident. You do not have to deal with the at-fault driver personally.
The investigation has deadlinesThe insurer must complete its investigation of the individual claims and notify you of the outcome within a statutory time limit. If the process drags on, you can request an advance payment.
There is somewhere to turn even if the vehicle was uninsuredIf the at-fault driver was uninsured, or fled the scene and was not identified, claims are made with the Czech Insurers’ Bureau (Česká kancelář pojistitelů, ČKP) out of its guarantee fund.
This does not mean that the insurer is acting unlawfully. It means that it is protecting its own interests, not yours – and it is not in its interest to pay you in full. That is why the insurer and its reviewing doctors usually work on the basis of the lower option.
Secondly, the insurer decides only on the basis of the documents it has available. It will not tell you that something is missing – if it is not in the documentation, it may as well not exist. That is why it is important to have complete medical records and to make sure that everything in them is reflected in the assessment.
For permanent consequences, what matters is the timing and who carries out the assessment. The insurer relies only on medical reports and does not look into subjective difficulties, so the result tends to be significantly undervalued. That is why it makes sense to approach a specialised court-certified expert (znalec) who will assess the consequences at the right time, on the basis of complete documentation and a personal examination of the injured party.
Insurers also often attribute some degree of contributory fault to the injured party right at the outset. This is not the final word – such a conclusion can be challenged using the contents of the criminal file and other evidence, and the share can be reduced, sometimes ruled out entirely.
Once you have granted me a power of attorney, the insurer deals with me.
You tell me what happened and what stage the matter is at. I tell you which claims may be possible and whether representation makes sense. The assessment is free and without obligation.
I gather the necessary documentation, have compensation for pain and suffering professionally assessed and, in due course, any permanent consequences, calculate the loss of earnings and costs, and submit the individual claims to the at-fault driver’s insurer. With lengthy treatment, in instalments, with a request for an advance payment.
If the insurer reduces the claim, I request an additional payment with a statement of reasons. If it does not comply, we will go through the possible next steps together, including the risks of a court case.
The most common situations in which injured parties come to me. In none of them is it too late – but the sooner, the better.
You didn’t sign or approve anything – a notification letter arrived, followed by money in your account. But such a payment does not mean that your claim has been exhausted.
The insurer attributed a share of the blame for the accident to you – for example because of speed, a seat belt or behaviour on a pedestrian crossing. The share set at the start can be challenged.
Months have passed since the claim was reported without any result. The insurer has a duty to complete the investigation, and in the meantime you can request an advance payment.
Typically, costs of care provided by close relatives, travel to treatment or a business owner’s loss of earnings. A rejection does not have to be final.
A settlement agreement can close the door to successfully pursuing further claims, including future ones. The text needs to be read before you sign it.
That does not end your claim. It is made with the Czech Insurers’ Bureau – via a different route and with different documents from those that suffice for an ordinary MTPL claim.
I cover the individual claims in detail on separate pages. When I represent you, I pursue them together, as a whole.
Are you a foreign national injured in the Czech Republic? Your claim under Czech law →
Such a document can close the door to further claims – including those that only become apparent later. With injuries, some claims only emerge after some time, so at the moment of signing you may not yet know what you are giving up. Have the agreement checked before you sign it.
The insurer has them assessed by its reviewing doctor, and only on the basis of basic medical reports – without a personal examination and without looking into subjective difficulties. The result then tends to be significantly lower than your actual condition warrants.
Claims for compensation become time-barred. The limitation period runs from the moment you learned of the harm and of who is liable for it – and it may run differently for each claim. More about limitation periods
Unlike compensation for pain and suffering and permanent consequences, compensation for loss of earnings is subject to income tax – because it replaces your wages. It is a good idea to factor this in from the start.
I will take over communication with the insurer – I deal with the letters, requests and phone calls. You focus on your recovery.
I will calculate and document the individual claims – from pain and suffering to the costs that are often forgotten.
I will keep an eye on deadlines and on the wording of documents that the insurer asks you to sign.
If the insurer makes reductions or delays, I go further – with an objection and, if it is in your interest, through the courts.
If a court case becomes necessary, I will explain the possible costs of the proceedings to you in advance.
No. Representation by an attorney is not compulsory, but you can grant it at any time – at the start or when the insurer has already paid something. Once you have granted me a power of attorney, the insurer deals with me.
The insurer has a duty to complete its investigation of the individual claims and to notify you of the outcome within a statutory time limit. If the investigation drags on, you can request an advance payment. The insurer’s silence is no reason to keep waiting.
No. The insurer usually pays of its own accord – you don’t sign or approve anything; a notification letter arrives, followed by money in your account. But a basic amount does not mean that your claim has been exhausted. You can request an additional payment as long as the claim is not time-barred, and for some claims this commonly happens after some time.
Only once your state of health has stabilised. It also matters who carries out the assessment: the insurer relies only on medical reports and does not look into subjective difficulties, so the result tends to be undervalued. That is why it makes sense to approach a specialised expert who will assess the consequences at the right time, on the basis of complete documentation and a personal examination.
Do not sign before you know everything you are entitled to. A settlement agreement can close the door to successfully pursuing further claims, including future ones – typically permanent consequences, which are only assessed once your state of health has stabilised. I will gladly go through the text with you before you sign.
Insurers often set some degree of contributory fault right at the outset. This is not the final word – such a conclusion can be challenged using the contents of the criminal file and other evidence, and the share can be reduced, sometimes ruled out entirely.
In that case, claims are made with the Czech Insurers’ Bureau out of its guarantee fund. The procedure and the required documents differ from an ordinary MTPL claim. More about uninsured and unknown at-fault drivers
The case assessment is free. I only charge my fee out of the compensation recovered, usually 10% + VAT where applicable. You pay nothing upfront, and if I recover nothing for you, you do not pay me a fee. If a court case becomes necessary, I will explain the possible costs of the proceedings to you in advance.
Claims for compensation become time-barred, and the limitation period is calculated from the moment you learned of the harm and of who is liable for it. It may run differently for individual claims, and there are exceptions. Have this assessed sooner rather than later. More about limitation periods
Write to me about what happened and how far the matter has got. I will tell you what I believe you are entitled to and whether it makes sense to challenge the claim.
Tell me about your situation – I will usually get back to you within 24 hours.
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