In case of an accident

Insurance Check

1. OBLIGATIONS IN CASE OF A TRAFFIC ACCIDENT

As a participant in a traffic accident, you are obliged to take over appropriate measures for avoiding new treats which could appear on the site of the traffic accident. Specially, take care for:

-placing the special sign to mark a stopped vehicle on the road or any other appropriate signs in other to inform the participants in the traffic for the occurred danger;

-secure the vehicle from self-starting, as well as the load from falling or its dispersing on the roadway;

-taking measures to prevent fire, explosion, etc.

-staying on the site of the traffic accident. You can only temporarily leave the place for providing assistance to the injured parties in the traffic accident or if you personally need medical assistance;

-keeping the existing traces in order not to change the situation on the site of the traffic accident while taking the above mentioned actions. This, only on condition that the traffic safety is not endangered.

When you need to call the police authorities or to fill in the European Accident Report?

In the following cases you need to inform the Ministry of Internal Affairs and to wait for the arrival of the police officer who shall make inspection:

-when there are injured or dead persons in the traffic accident;

-when a significant (large) material damage was caused to the vehicles, namely when the vital parts for operating or stopping of the vehicle/vehicles were damaged and they cannot independently move on the road;

-when one of the vehicles has no registration plate or is not insured;

-when one of the vehicles has a foreign registration plate;

-when one of the drivers is under influence of alcohol, drug or any other psychotropic substances;

-when one of the drivers does not possess appropriate driving license;

-when the drivers cannot harmonize their opinions regarding the way and the circumstances under which the traffic accident occurred;

-when one of the drivers refuses to give his/her personal data, namely the data for the vehicle;

-when one of the drivers left the place of the traffic accident;

In case of a small material damage (the vital parts for operating or stopping of the vehicle are not damaged, and the vehicles can independently move on the road), and neither one of the above mentioned cases is fulfilled, the participants in the traffic accident are obliged to remove the vehicles from the road immediately and to enable normal running of the traffic, to fill in and sign the European Traffic Accident Report.

We suggest you, in case you decide to fill in the European Traffic Accident Report, to make a photo of the vehicles, of the damages of the vehicles and of the place of the traffic accident.

II. REPORT OF A CLAIM CAUSED BY AN INSURED VEHICLE (vehicle which has a valid insurance policy on the day of the traffic accident)

1.In case of a traffic accident, in compliance with art.5 of the Compulsory Insurance Law (Official Gazette 88/05), you are obliged, as a damaged party to submit a request for claim indemnification to the responsible insurance company (insurance company where the party responsible for the damage has signed a contract – motor third party liability insurance policy).

2.This means that the damaged party, in compliance with the Law, first, has to report a claim to the responsible insurance policy. If the damaged party in out of court procedure (first instance) is not satisfied with the determined level of claim, he/she has the right of Objection to the second instance commission in that company.

In addition, if the damaged party thinks that the legal base or the determined level of claim (material or intangible) are disputable, he/she can submit a complaint to the Insurance Supervision Agency.

A lawsuit can not be directly submitted. It is required the claim to be, previously, reported out of court. The lawsuit can be submitted if the damaged party is not satisfied with the determined amount.

3.Necessary documentation :

-Police report or

-European Traffic Accident Report (only for a small material damage) in compliance with the provisions of the Law on traffic safety on the roads

-Report of the claim (all insurance companies have forms for material claims on their counters).

-Request for claim indemnification (for intangible claim)in which, in details, are mentioned the bases for indemnification of specific types (for suffered physical pain, for suffered fear, for decreased life activity, for deformation)or for the material part of the same (for funeral expenses, gravestone, etc.)

-A complete medical documentation in case of an intangible claim (for all kinds of injuries).

4.If a vehicle with a foreign registration plate is a participant in the accident (and if the same was responsible for the accident), the claim should be reported to the National Insurance Bureau or directly to the insurance companies – members of the Bureau ( in this case an account must be taken for collision of interests, as well as for signed correspondent agreements).

All active correspondent agreements between our member companies and foreign insurance companies are available on the web- site of the Bureau, and in an easy way, by search one can get an information for the correspondent of the foreign insurance company in Macedonia.

5.Also, for the foreign claim, an objection can be submitted for the received decision, to the second instance commission with the insurance companies or to the Insurance Supervision Agency, in compliance with the Insurance Supervision Law.

6.A lawsuit to a competent court cannot be directly submitted. First, the claim should be reported out of court. The lawsuit should be submitted if the damaged party is not satisfied with the determined amount.

7.According to article 24 of the Compulsory Traffic Insurance Law (Official Gazette 88/05)a mediation procedure can be taken.

III. REPORT OF A CLAIM CAUSED BY AN UNINSURED VEHICLE IN THE GUARANTEE FUND (uninsured vehicle with domestic and foreign registration plates)

1.In case of a traffic accident, in which the claim was caused by un uninsured vehicle, according to art.62 of the Compulsory Traffic Insurance Law (Official Gazette 88/05), the damaged party should submit the request for claim indemnification to his/her insurance company (this means in the insurance company where the damaged party signed agreement – insurance policy against motor third party liability).

2.The insurance company, within 8 days, submits the report of claim to the Guarantee Fund of the National Insurance Bureau, which is expected to reimburse the paid claim indemnification.

3.Necessary documentation :

-Police report

-A complete medical documentation in case of an intangible claim (for all kinds of injuries).

4.In case of a traffic accident in which participant is an uninsured vehicle with foreign registration plate (and under the assumption that the same one is responsible for the accident),the report of the claim is submitted to the insurance company where the damaged party has made a motor third party liability insurance policy.

IMPORTANT: No claim caused by an uninsured vehicle can be reported in the Guarantee Fund (with domestic and foreign registration plates) and an unknown vehicle, with European Accident Report with a small material claim. This, in compliance with the provisions of the Law on Road Traffic Safety.

IV. REPORT OF A CLAIM CAUSED BY AN UNKNOWN VEHICLE

1.In case of a traffic accident by an unknown vehicle, only the intangible claim is indemnified, in compliance with the Law (according to art. 63 of the Compulsory Traffic Insurance Law – Official Gazette 88/05)

2.The damaged party should submit the request for claim indemnification to one of the insurance companies which have a license for a motor third party liability insurance.

3.The insurance company, within 8 days, submits the report of claim to the Guarantee Fund of the National Insurance Bureau, which is expected to reimburse the paid claim indemnification.

4. Necessary documentation :

-Police Report

-A complete medical documentation for all kinds of injuries.

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