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….
Were you injured in a road traffic accident that was not your fault? You are entitled to compensation for pain and suffering (bolestné) – and if your injury has left permanent consequences, also to compensation for them from the at-fault driver’s compulsory motor third-party liability insurance (MTPL) (povinné ručení).
Free case reviewAn injured party is entitled to separate types of compensation for harm to health. Everyone who was injured in an accident receives compensation for pain and suffering. Compensation for permanent consequences is due to those whose lives have been permanently changed by their injury.
Compensation for the pain you suffered in the accident and during your treatment – including surgery, complications and painful procedures. It can be claimed practically straight after the accident, as soon as it is clear what injuries you have suffered.
Compensation for the fact that your injury permanently limits you in everyday life: at work, in caring for yourself and your family, in sport, hobbies and social life. It is only assessed once your state of health has stabilised, at the earliest one year after the accident.
In addition, you may also be entitled to compensation for loss of earnings, medical expenses, costs of care and travel costs, or for other non-pecuniary harm.
In serious cases, in addition to pain and suffering, you can also claim compensation for other non-pecuniary harm (další nemajetková újma) – for example for exceptionally difficult circumstances of treatment, long-term uncertainty about the consequences, or the impact on your loved ones. I assess whether this applies in each case individually.
As soon as the diagnoses are known, compensation for pain and suffering can be calculated and claimed from the at-fault driver’s insurer. You do not have to wait until the end of your treatment to be paid.
Loss of amenity is only assessed once your state of health has stabilised – at the earliest one year after the accident, and later for complex injuries. A premature assessment would work against you.
A claim becomes time-barred three years from the moment you learn of the harm and of who is liable for it; for permanent consequences, from the moment your state of health stabilises. More about limitation periods.
I recommend dealing with the entire harm to your health as soon as possible after the accident. I claim compensation for pain and suffering straight away and prepare the claim for permanent consequences so that it is assessed at the right time – neither too early, nor after it has become time-barred.
Both pain and suffering and permanent consequences are calculated according to the Supreme Court Methodology (for non-pecuniary harm to health) (Metodika Nejvyššího soudu). The Methodology is based on the average wage, so the amounts increase every year.
Each injury is assigned a number of points in the Methodology according to its severity. Compensation for pain and suffering = number of points × value of one point. An injury rated at 200 points, for example, therefore corresponds to compensation of CZK 98,430. Points are added for complications of treatment and for surgery.
The base amount from which compensation is determined as a percentage, according to how much your injury limits you in the individual areas of life – mobility, self-care, work, family, social life. The result is then adjusted for age and other circumstances. The calculation is complex, which is why I entrust it to a specialised court-certified expert (znalec).
The amounts are indicative. Every injury and its impact on your life are individual – what matters is the course of treatment, complications, the number of operations and, for permanent consequences, the extent of the limitations, your age and your way of life before the accident. The exact amount is determined by an expert report.
The amount of compensation for pain and suffering and permanent consequences is determined by a doctor – a court-certified expert in the field of healthcare. The insurer usually has its own assessment prepared. This tends to be lower than what you are entitled to and, for permanent consequences, is often missing entirely or grossly undervalued.
That is why I arrange an independent expert (medical) report (znalecký posudek) from a specialised expert for my clients. I pay the cost of the report on your behalf and claim it from the insurer as part of your loss.
For pain and suffering: each diagnosis according to its point rating, superficial injuries based on photographs, the course of treatment, complications and surgery.
For permanent consequences: limitations in everyday activities according to the International Classification of Functioning – mobility, self-care, work, household, family and social life.
The insurer assesses the harm itself or through its own doctor. But its assessment does not have to be the end of the matter – you have the right to an independent expert report and to payment of the difference.
Where large amounts are involved, insurers routinely make reductions, sometimes by half. Reductions can be challenged and the claim pursued further, including in court.
Assessing permanent consequences before your state of health has stabilised will not capture what becomes apparent later. Getting the timing right is essential.
In the first days after the accident – often while you are still in hospital – 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.
Three years pass quickly, especially with lengthy treatment. Claiming from the insurer in good time will protect you from your claim becoming time-barred.
I will assess your injuries and claims – what can be claimed straight away and what needs to be timed correctly.
I will arrange an expert report from a specialised expert and pay its costs.
I will claim compensation for pain and suffering and permanent consequences from the at-fault driver’s insurer and conduct all negotiations with them.
If the insurer makes reductions, 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.
Yes. Compensation for pain and suffering is due for every injury that required medical treatment – even for bruises, sprains or concussion. The amount depends on the point rating of the diagnoses under the Supreme Court Methodology.
Only once your state of health has stabilised, i.e. when no further improvement through treatment can be expected. At the earliest one year after the accident, and later for complex injuries. A premature assessment would not capture consequences that become apparent later.
Not if you are my client. I arrange the expert and pay for the report; I then claim the cost from the insurer as part of your loss.
No. A disability pension is granted by the social security administration on the basis of reduced capacity to work. Loss of amenity is assessed by an expert according to the impact of the injury on all areas of life. The two are independent of each other – you are entitled to compensation even if you have not been granted a disability pension.
Yes, if it paid you less than you are entitled to – typically on the basis of its own doctor’s assessment. The difference can be paid even after you have accepted a partial payment, provided you have not signed a final settlement agreement with the insurer.
Yes. A passenger is entitled to compensation from the MTPL insurance of the vehicle whose driver caused the accident – even if the driver is your relative or friend. More on compensation for passengers.
Compensation for pain and suffering can be claimed as soon as the diagnoses are established and is usually paid within weeks to months. Permanent consequences are only dealt with once your state of health has stabilised, typically a year or more after the accident. If the insurer delays, you can request an advance payment.
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.
Write to me about what happened to you. I will assess what compensation you are entitled to and suggest the next steps.
Tell me about your situation – I will usually get back to you within 24 hours.
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