Holubova is often approached by law offices from all around the world to advise them on local law and local standards in cases related to damages and/ or injuries caused to foreigners in the Czech Republic, or Czechs abroad in road traffic, sport, or other accidents. There are three basic questions which we are almost always asked by our colleagues from other jurisdictions.
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.
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.