Settlement of claims for non-material damages

Settlement of claims for non-material damages resulting from death or bodily injuries and payment of compensations from the Fund for Uninsured Motor Vehicles of the Guarantee Fund

І. Filing a claim
ІІ. Necessary written evidence (documents) when filing a claim under Motor Third Party Liability Insurance
ІІІ. Necessary written evidence (documents) when filing a claim under accident insurance for public transport passengers
ІV. Evaluation of damages and determining the compensation amount
V. Decision on a claim and payment of compensation for material damages

І. Filing a claim

1. The injured person must submit a written application (notice) claiming compensation for non-material damage. The claim form is standardized and can be downloaded here.

2. The application (notice) must be accompanied by written evidence (documents) about the road accident, the right of the injured person to receive compensation in connection with the event and the amount of damage caused. See below!

3. Complete and accurate data need to be provided about the bank account to which the payments are to be made – a certificate or another document containing these data.

4. The injured person may submit a application (notice), together with the written evidence:

• Personally
• Via proxy, in which case the application (notice), an original power-of-attorney must be enclosed, with a notarized certification of signature, if such a proxy is a person other than a lawyer. When filed by a lawyer, the provisions of Art. 25 of the Bulgarian Bar Act shall be applied. The power-of-attorney needs to specify the powers, assigned by the injured party to the attorney, to file claims for payment of material damages with the Guarantee Fund.

5. The application (notice), together with the written evidence may be submitted:

• Directly to the Guarantee Fund – at the Fund office or via registered mail with receipt acknowledgment.

       The Guarantee Fund address is: city of Sofia, PO box 1000, 2, Graf Ignatiev street, floor 4

       or

• To any insurer offering compulsory Motor Third Party Liability Insurance, respectively compulsory Accident Insurance for Passengers. The Insurer submits all documents on the filed claim to the Guarantee Fund within 7 days from its filing.

6. Filing the claim at the Guarantee Fund registry

• The application (notice) along with the list of all enclosed evidence are filed in a registry as per the internal regulations of the Guarantee Fund. Every claim so entered is certified by being assigned a registered entry number by the Guarantee Fund clerk and a Damage File (Liquidation Dossier) is opened under an individual number in the damage registry, relating to the application (notice) entry number.

ІІ. Necessary written evidence (documents) when filing a claim under Motor Third Party Liability Insurance

1. Documents certifying the occurrence of a road accident:

• A protocol of findings, a road accident protocol or a certificate issued by the authorities of the Ministry of Internal Affairs certifying the road accident occurrence, in the original or a certified copy. It is not mandatory to provide other evidence establishing the occurrence of the road accident.

2. Documents certifying the injured person’s right to be paid compensation in relation to the event under Motor Third Party Liability Insurance:

• A Certificate of Succession in the original – up-to-date as of the date at which the application (notice) is submitted by an heir/heirs.
• A certified copy of: The death certificate and/or the birth certificate, and/or a certificate of kinship with the injured person.

3. Documents attesting to the amount of damages caused:

• Medical and other documents – expert opinions, medical notes, certificates, epicrisis, medical history, protocols from а Medical Consultative Commission or Territorial Expert Medical Board, sick leaves, etc., proving the infliction of bodily injuries as a result of the road accident;
• A writ of execution in the original in cases where there is one, issued to the benefit of the injured person.

ІІІ. Necessary written evidence (documents) when filing a claim under accident insurance for public transport passengers

1. Documents certifying the occurrence of a road accident:

• A protocol of findings, a road accident protocol or a certificate issued by the authorities of the Ministry of Internal Affairs certifying the road accident occurrence, in the original or a certified copy. It is not mandatory to provide other evidence establishing the occurrence of the road accident.

2. Documents certifying the right of the injured person to receive compensation in connection with an event under an accident insurance for public transport passengers:

• Accident report of an injured passenger with a detailed description of the case, provided up by the carrier or a certified copy of an act issued up by a competent authority for the control of the respective mode of transport.
• A ticket, card or another document in the original proving that the injured person was a passenger
• Medical and other documents – expert opinions, medical notes, certificates, epicrisis, medical history, etc., proving the infliction of bodily injuries as a result of the road accident
• A Certificate of Succession in the original – up-to-date as of the date at which the claim is filed in cases where the application (notice) is filed by an heir/heirs.
• A certified copy of: the death certificate and/or the birth certificate, and/or a certificate of kinship with the injured person

3. Documents attesting to the amount of damages caused:

• Medical and other documents – expert opinions, medical notes, certificates, epicrisis, medical history, protocols from а Medical Consultative Commission or Territorial Expert Medical Board, sick leaves, etc., proving the infliction of bodily injuries as a result of the road accident;
• A writ of execution in the original in cases where there is one, issued to the benefit of the injured person.

ІV. Evaluation of damages and determining the compensation amount

1. In case of death or bodily injury, the claim and the presented evidence are discussed by an Expert Insurance and Medical Committee at the Guarantee Fund, appointed by order of the Executive Directors.

2. The Committee issues a written proposal to the Board of the GF on the grounds and the amount of compensation to be paid to the injured person in accordance with the evidence presented and in compliance with the following criteria:

• Persons who are entitled to compensation for non-material damage resulting from death or bodily injury, established by an interpretative decision of the Supreme Court of Cassation.
• The severity and gravity of the pain and suffering endured.
• In case of death – the circumstances which led to death, the age of the deceased, the relationship between the deceased and his/her heir, who filed the claim for non-material and material damages, as well as persons who are entitled to an allowance from the deceased.
• In case of bodily injuries – the circumstances which led to the event, the age of the victim, the nature of the disability, the functional consequences depending on the degree of injury, under the provisions of the Criminal Code.
• Contribution to the damaging outcome through acts or omissions of the victim.
• Factual circumstances upon the occurrence of the event in case the circumstances contributing to the death or injury were known to the victim.
• Additional criteria – age of the injured person, if different from the victim, profession and other medical and social factors.

3. The compensation for non-material damages and material damages related thereto, resulting from the death or bodily injury is determined by the Management Board based on the claim and all evidence pertaining to the establishment of the event and the amount of damages.
4. The amount of compensation for non-material damages is determined:

• For the compulsory Motor Third Party Liability Insurance – based on the evidence presented in compliance with the criteria set out in item 2.
• For the obligatory Accident Insurance for passengers in public transport – based on the evidence presented, the minimum amount of insurance is paid in case of death, and in case of permanent disability – the percentage of the insurance amount equal to the percentage of permanent disability.

The amount of the compensation paid by the Fund cannot exceed the minimum insured amount under the compulsory insurance as determined for the year when the road accident occurred.

V. Decision on a claim and payment of compensation for material damages

The Management Board of the Guarantee Fund issues a decision on filed claims within three months from the date of its submission.

The injured person (or the person they have authorized) is notified in writing about the decision and its justification in connection with the claim.

In case of certain compensation under the claim, the amount is transferred via bank transfer to the specified account of the injured person or to a person explicitly authorized for this purpose. The power of attorney must be notarized.

The Guarantee Fund may reject the claim to compensation when there are no grounds for payment or when the evidence presented is not sufficient to establish the basis or amount of compensation.