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Three Basic Facts about Compensation for Damages Caused in Road Traffic and Other Accidents in the Czech Republic
1. Is there a direct claim against the insurer of the vehicle?
Every vehicle operator in the Czech Republic is required to have an obligatory (third party) vehicle insurance, and a potential victim of a traffic accident has a direct claim against the insurer of the responsible vehicle operator. In case the responsible vehicle operator does not have an obligatory insurance – unfortunately there are cases like that - the potential victim can address the claims to Czech Insurers' Office.
2. Is there a direct claim against the insurer of the provider of the services?
Providers of travel or similar services in the Czech Republic do not have an obligatory professional liability insurance. There are only some services- such as medical services, legal services or some financial services- where providers are legally required to have professional liability insurance. Nevertheless, in the Czech Republic there is no direct claim against the insurer of the providers of services.
3. What is the limitation period?
The Act No. 89/2012 Coll., Civil Code sets the general limitation period of 3 years on claims. This period of limitation also applies in personal injury claims. There is a special regulation of the limitation period for the direct claim against the insurer wherein the limitation period starts to run one year after the accident, effectively making the period of limitation 4 years long.
Have we helped you a bit? Would you like to know more about Czech system of compensation for damages? Get in touch with Holubova as a Czech personal injury legal expert.
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Jasper Brinkman
Jasper Brinkman
"Following a devastating hotel fire in Prague, the law firm Holubová advokáti, led by attorney Klara Dvorakova, successfully represented our extended family as a group of victims. The firm navigated complex international insurance and compensation laws to defend our rights.
I would like to acknowledge the extraordinary efforts the firm had to make to bring our case to a successful compensation under extremely difficult circumstances."
Stewarts
Stewarts
"A visit to her daughter in London turned Eva's life upside down when she says she stepped into a crossing on a green light but was hit by a car. Despite her remarkable bravery, she faced a long treatment due to fractures in her pelvis, and the associated limitations and pain are likely to persist for the rest of her life. Regular headaches and impaired concentration compound her challenges.
Eva contacted us through an organization temporarily helping her manage her difficult living situation. At that time, she was destitute, relying only on subsistence payments. We were able to assist her because we specialize in personal injury and have contacts with proven colleagues abroad.
We worked with Stewarts, a UK law firm, on this case. Attorneys Klára Dvořáková and Rebecca Huxford helped Eva with the documentation in her case, explaining her options and the differences between the Czech and British systems of healthcare and social benefits reimbursement. Within a few months, thanks to the professional cooperation between the two offices, an offer of compensation from the insurance company of approximately CZK seven million was achieved. The client accepted this settlement because she did not want to deal with courts in the United Kingdom.
Subsequently, we assisted the client with related tax issues and contacted Auditone, a tax consultancy firm, which arranged for the filing of a tax return. Compensation for lost income is taxable, unlike most personal injury compensation.
'No one has done as much for me as you,' Eva said.
The fact that we were able to help Eva gives our work meaning and brings us great joy. We are very happy that, thanks to our many years of active involvement in the international professional organization PEOPIL, we can cooperate on such cases."