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….
Have you lost someone close to you in an accident caused by someone else? Money cannot make up for your loss. But I will make sure that your family receives the compensation it is entitled to – and that you do not have to go through it alone.
Free case reviewThe law grants bereaved relatives (pozůstalí) several separate types of compensation. They are paid by the at-fault driver’s insurer from their compulsory motor third-party liability insurance (MTPL) (povinné ručení) – and each close person has their own separate claim: the husband or wife, each of the children, the parents and other people who were close to the deceased.
Mental sufferingA one-off compensation for the loss of a loved one itself – compensation for the mental suffering of bereaved relatives (duševní útrapy). Each bereaved relative is entitled to it separately.
Funeral costsReasonable and documented expenses for the funeral, the memorial service, the headstone and related costs (náklady pohřbu).
Maintenance for dependantsRegular compensation for those whom the deceased supported or had a duty to support – typically children and a partner (pozůstalostní výživné).
I describe in detail who exactly is entitled, how the amount is determined and what the case law says in my article Compensation for bereaved relatives after a road traffic accident: what you are entitled to.
I know that right now you do not have the strength to study the law or deal with the insurer. That is why I will take it on for you – from the first phone call to the payment of compensation.
You write to me or call me. We calmly discuss what happened and who in the family is a bereaved relative. I tell you what you are entitled to and how we will proceed. You sign nothing and pay nothing.
I gather the documents, calculate the claims for each bereaved relative separately and submit them to the at-fault driver’s insurer. I conduct all negotiations – you communicate with me in whatever way suits you.
I will join you to the criminal proceedings (trestní řízení) with your compensation claims and represent you in court. You do not have to attend in person if you do not want to. I only take the insurer to court if it is in your interest.
You don’t have to deal with any of this straight away. But it is good to know what will make claiming easier later on.
The death certificate, the police report or case reference number, receipts for the funeral, the headstone and related expenses.
Payslips, tax returns or confirmation from the employer – these are the basis for maintenance for dependants.
If the insurer contacts you on its own initiative, you do not have to respond to anything. Have its first offer reviewed.
The police department and case reference number will make it easier to access the file and join the criminal proceedings.
You can only join the criminal proceedings with a claim until the start of the main trial. The sooner I take over the case, the more I can do for you.
I will take over communication with the insurer, the police and the court. You can focus on your family.
Insurers often offer an amount quickly and without any documentation. You do not have to accept it – the claim can be pursued in full even after a partial payment has been accepted.
It is not „the family“ that has a claim, but each close person individually. Insurers sometimes offer one amount for everyone – that is not correct.
If the insurer claims that the deceased contributed to the accident, the claim does not lapse; it is only reduced proportionately. The share of blame tends to be exaggerated and can be challenged.
In the first days after the accident, you may be contacted out of the blue by various companies or intermediaries who obtained your details without your consent. They push you to sign quickly and offer unfavourable terms – a high commission or an assignment of your claim. Don’t sign anything under pressure; decide for yourself, calmly, whom to entrust with your representation.
You can join the criminal proceedings at the latest at the start of the main trial. Claims become time-barred after three years. More about limitation periods.
I will assess what each of the bereaved relatives is entitled to and calculate all the types of compensation – not only those the insurer offers of its own accord.
I will claim from the at-fault driver’s insurer and conduct all negotiations with them, including on the question of contributory fault.
I will represent you in the criminal proceedings against the at-fault driver – joining with a claim, inspecting the file, attending court.
If the insurer makes reductions or delays, I will continue to pursue the claim – including in court proceedings, if that is in your interest.
If a court case becomes necessary, I will explain the possible costs of the proceedings to you in advance.
No. Once I take on your representation, I handle all communication with the insurer, the police and the court. If the insurer contacts you before that, you do not have to respond to anything or sign anything.
I understand. All you need to do is send me the basic information and sign a power of attorney – I will take care of the rest. The only thing that cannot wait is joining the criminal proceedings: this must be done at the latest at the start of the main trial. That is why it is good to get in touch as soon as you can.
Yes. Each bereaved relative has their own separate claim, but I can represent all of you together. I will make the claims for each person separately and coordinate the process so that the family does not have to give statements repeatedly.
It depends on whether it is clear who caused the accident. If it is, the insurer usually pays compensation within a matter of months; for maintenance, regular payments can be requested. If the outcome of the criminal proceedings is awaited, you can ask the insurer for an advance payment.
No. I assess your case free of charge and only charge my fee out of the compensation recovered. You know its terms in advance, before I take on your representation.
Most cases are resolved with the insurer without going to court. I can represent you in the criminal proceedings against the at-fault driver without you having to attend in person – although many bereaved relatives actually want to. The decision is always yours.
Yes. In that case, compensation is paid from the guarantee fund administered by the Czech Insurers’ Bureau (Česká kancelář pojistitelů, ČKP). More about unknown at-fault drivers and uninsured vehicles.
The bereaved relatives’ claim still stands – compensation is paid by the insurer of the vehicle whose driver caused the accident, even if the driver was a relative or friend. More in the article Bereaved relatives in criminal proceedings.
Write to me or call me. We will talk about what happened, and you can leave everything else to me.
Tell me about your situation – I will usually get back to you within 24 hours.
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