Lawyer Andrej Bašović

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Compensation for Damage after a Traffic Accident

09/11/2025

A traffic accident almost always happens unexpectedly – in just a few seconds damage occurs to the vehicle, often accompanied by bodily injuries, sick leave, medical expenses and stress for the whole family. At that moment, most people are facing, for the first time, the process of reporting the loss to the insurance company and handling a compensation claim.

At the same time, insurance companies seek to keep their payouts under control and reduce the amount of compensation whenever possible, for example by disputing the amount of damage, the degree of liability or the medical documentation.

That is why an experienced lawyer for compensation claims against insurers after a traffic accident is your key ally – from the first notification of loss, through negotiations with the insurer, to court proceedings if necessary.

1. Who is entitled to compensation from insurance after a traffic accident?

After a traffic accident, the right to compensation (under compulsory motor third party liability insurance) may be exercised by:

  • the driver and passengers in the vehicle who are not responsible for the accident,
  • passengers in the vehicle that caused the accident (depending on the circumstances and fault),
  • pedestrians and cyclists who were hit by the vehicle,
  • owners or users of damaged vehicles and other property (e.g. damaged fence, building, cargo),
  • in certain cases, injured persons in accidents involving a hit-and-run or uninsured vehicle.

In addition to material damage to the vehicle, there is often also non-pecuniary damage (pain and suffering, fear, disfigurement, reduction of life activity), loss of earnings, costs of assistance at home and other items.

2. What types of motor damage does insurance cover?

After a traffic accident, insurance may cover several different types of damage, and in practice, not all of the injured person’s entitlements are claimed, which directly affects the final amount of compensation.

2.1. Material damage to the vehicle

This includes:

  • the cost of repairing the vehicle in a repair shop,
  • the value of the vehicle in the case of so-called total loss,
  • the cost of towing and transporting the vehicle,
  • the cost of hiring a replacement vehicle,
  • the loss of market value of the vehicle after repair (especially for newer or more valuable vehicles).

The assessment of material damage is the basis for reaching an agreement with the insurer on payment or repair, so it is important that it is carried out professionally and that your lawyer is involved in communications with the insurer in a timely manner.

2.2. Bodily injuries and non-pecuniary damage

If bodily injuries have occurred in the traffic accident, it is usually possible to claim:

  • compensation for physical pain,
  • compensation for fear (primary and secondary),
  • compensation for reduction of general life activity,
  • compensation for disfigurement,
  • compensation for mental anguish suffered due to the death of a close relative.

For a proper assessment of these items, medical records, medical reports and expert opinions are crucial, and insurers often try to dispute the scope and duration of the consequences – this is where the role of a lawyer becomes decisive.

2.3. Loss of earnings and other costs

Within the claim for damages, it is usually possible to claim:

  • loss of earnings during sick leave or permanent incapacity for work,
  • costs of medical treatment, physical therapy and medical aids,
  • costs of assistance and care by another person (if the person is temporarily or permanently unable to live independently),
  • other reasonable expenses related to the accident.

Without a well-prepared claim, many of these items remain “under the radar”, which means that the injured person actually receives significantly less compensation than they are legally entitled to.

3. Reporting the claim to the insurer - step by step

The earlier you instruct a lawyer after the accident, the lower the risk of errors in steps that directly influence the outcome of the entire process. In practice, the process usually unfolds as follows:

3.1. Immediately after the traffic accident
  • Ensure the safety of everyone involved (switch off the engine, turn on hazard lights, place warning triangles).
  • Call the police if there are injured persons, significant damage or disputed liability.
  • In minor accidents, complete and sign the European Accident Statement.
  • If possible, take photographs of the scene of the accident, the position of the vehicles, skid marks, damage, etc.
3.2. Medical examination

Even if the injuries seem “minor”, it is important to seek medical attention immediately and describe all symptoms in detail. Subsequent medical documentation is the basis for claiming compensation for bodily injuries and non-pecuniary damage.

3.3. Reporting the loss and submitting the compensation claim

The loss is reported to the liable insurer (the insurer of the vehicle that caused the accident). As a rule, it is best to report the loss as soon as possible, often within a few days of the accident.

A well-prepared claim for damages includes:

  • a description of the accident and the circumstances,
  • the police report or European Accident Statement,
  • photographs of the damage, repair invoices and cost estimates from the repair shop,
  • complete medical documentation (if there are injuries),
  • evidence of loss of earnings and other costs.

Legislation and by-laws impose a duty on insurers to process claims diligently and without undue delay and to make a decision and pay compensation or an undisputed amount within reasonable time limits.

4. Why should you instruct a lawyer for compensation claims against insurers?


Even though it may seem sufficient to “just send the documents to the insurer”, in practice injured parties very often
face:

  • rejection of the claim or drastic reductions of the amount claimed,
  • lengthy procedures with no clear information,
  • pressure to sign a settlement for an amount that is significantly lower than the actual damage,
  • disputes over the causal link between the accident and the injuries,
  • underestimation of non-pecuniary damage (pain, fear, permanent consequences).

The role of a compensation lawyer is to:

  • provide a case analysis and assess the realistic amount you can claim,
  • prepare and submit the claim for damages with all relevant evidence,
  • conduct negotiations with the insurance company,
  • advise whether a settlement offer should be accepted or whether court proceedings are advisable,
  • if necessary – initiate legal proceedings and represent you before the court.

A lawyer working in obligations law and compensation claims knows the law, the practice of insurance
companies and the case law of the courts, and knows how to structure your claim so that you achieve the
maximum possible compensation.

5. The most common mistakes made by injured parties in traffic accidents

The same mistakes, which can seriously reduce the amount of compensation, are repeated over and over in practice:

  1. Contacting a lawyer too late – the injured person first negotiates alone, signs an unfavourable settlement and only then seeks legal assistance.
  2. Incomplete medical documentation – for example, without a clear description of symptoms, follow-up examinations or specialist reports.
  3. Accepting the insurer’s first offer – without checking the true value of the damage.
  4. Incomplete documentation of vehicle damage – no cost estimates, invoices, photos or expert reports.
  5. Ignoring time limits and instructions from the insurer – this can make it more difficult to prove the claim or even lead to a loss of some rights.

With a lawyer who is familiar with insurers’ procedures, these mistakes are usually avoided and the risk of being left “empty-handed” is significantly reduced.

6. How does our law office help with motor insurance claims?


The Law Office of Andrej Bašović in Rijeka is expert in obligations law and compensation
claims, including claims against insurers arising from motor and other traffic accidents.

For clients who have been involved in traffic accidents, we:

  • analyse in detail the circumstances of the accident and the documentation,
  • advise which types of damage you can claim (material, non-pecuniary, loss of earnings, assistance by another
    person, etc.),
  • draft and submit the claim for damages to the liable insurer,
  • conduct negotiations and check whether the amounts offered are in line with judicial practice,
  • if necessary, initiate court proceedings and represent you until a final decision is obtained.

Our goal is that you, as the injured person, are not left on your own in a system that is technical and complex, and which
objectively gives insurers an advantage if you do not have legal assistance.

7. FAQ – Frequently asked questions about compensation from insurers after a traffic accident

1. Should I instruct a lawyer immediately after a traffic accident?

It is advisable to contact a lawyer as soon as your health condition has stabilised and the first steps (police, doctor) have been taken. The earlier we prepare your case professionally, the lower the risk that you will accept an unduly low offer from the insurer or miss important evidence.

2. Does the insurer only pay for vehicle damage or also for bodily injuries?

As a rule, under compulsory motor third party liability insurance you can claim both compensation for damage to the vehicle and compensation for bodily injuries and non-pecuniary damage (pain and suffering, fear, permanent consequences), as well as loss of earnings and medical expenses.

3. How long may the insurer take to “process” my claim?

Legislation and by-laws impose an obligation on insurers to deal with claims actively and without undue delay and to make a decision and pay compensation or an undisputed amount within reasonable time limits.

4. What if the insurer offers an amount that seems too low?

Do not rush into signing a settlement. Before accepting any offer, always seek legal advice from a lawyer – there is often room for a higher amount, or it may be necessary to initiate court proceedings in order to obtain full compensation.

5. Can I claim compensation if the accident was caused by an uninsured or unidentified vehicle?

In certain circumstances it is possible to claim compensation through the Croatian Motor Insurers’ Bureau, and a lawyer can help you determine whether you meet the conditions and how to prepare the claim.

Conclusion – contact our law office for representation against insurers


If you have suffered damage to your vehicle or bodily injuries in a traffic accident, do not allow the
amount of your compensation to be determined solely by the insurer.

The Law Office of Andrej Bašović in Rijeka provides representation in insurance
claims and compensation proceedings – from the first notification of loss to settlement or court judgment.

Contact us today:
» via the contact form on our
“Contact” page
» by phone or e-mail as listed on our contact page.

We will be happy to analyse your case, explain your rights and take over communication with the insurer – so that you
obtain fair and maximum possible compensation.

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  • 091 520 0264
  • andrej@odvjetnikbasovic.hr
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