Settlement of any claims for material damages under obligatory Third Party Liability Insurance of Motorists.
I. Making Claims Procedure
1. For the purpose of being paid compensation for material damages, the person injured as provided in Art. 265 of the Insurance Code, shall file a written application (notice) to raise his/her claims.
1.1. The application (notice) under Art. 288, para. 9 of the Insurance Code shall be obligatorily accompanied by written evidences relating to the traffic accident, injured person’s right to get compensation for such event and the amount of the damages caused.
1.2. The application (notice) may be filed in person or via a proxy:
1.2.1. directly to the Guarantee Fund – at the Fund office or may be send with a registered letter with a receipt acknowledgement.
The Guarantee Fund address is: city of Sofia 1000, 2, Graf Ignatiev street, floor 4
1.2.2. or to any insurer licensed and offering obligatory Third Party Liability Insurance of Motorists, obligatory Accident
Insurance for the passengers, respectively.
1.3. Where the application (notice) is filed by a proxy, an original power-of-attorney shall be obligatorily enclosed, with a notarized certification of signature, if such proxy is a person other than a lawyer. Where the application is filed by a lawyer, the provisions of Art. 25 of the Lawyers Law shall be obligatorily applied.
The power-of-attorney shall state the powers given by the injured person to the proxy to raise any claims for the payment of any material damages by the Guarantee Fund.
2. The application (notice) along with a list of the evidences enclosed shall be entered into a registry under Art. 31, para. 2 of the Regulation on the Guarantee Fund Organization and Operation.
Every claim so entered shall be certified by being assigned a registered entry number by the Guarantee Fund clerk and a Damage File (Liquidation Dossier) shall be opened under an individual number in the damage registry kept, relating to the application (notice) entry number.
II. Evidences under paragraph I.1.1 in relation to the Third Party Liability Insurance of Motorists concerning:
1. Certifying the occurrence of a traffic accident:
1.1. A protocol of findings, a traffic accident protocol or a certificate issued by the authorities of the Ministry of Internal Affairs certifying the traffic accident occurrence, in an original;
1.2. A certified copy of any effective sentence, containing the rationale and the resolutions by the competent or the cassation instance, if any, a resolution regarding the release from criminal responsibility pursuant to an administrative punishment imposed, with rationale, and, in the cases of a judicially approved agreement – a certified copy of such agreement;
1.3. A certified copy of any effective penal decree or a certificate issued by the Ministry of Internal Affairs authorities against the traffic accident-causing party, in compliance with:
- Art. 96 of the Insurance Act (repealed) or Art. 315 of the Insurance Code for not having concluded a Third Party Liability Insurance of Motorists as of the traffic accident date;
- Any administrative violations of the provisions of the Traffic Law;
2. The injured person’s right to be paid compensation in relation to the event:
2.1. А copy of the damaged motor vehicle registration certificate;
2.2. An original heirs certificate – up-to-date as of the claim raising date;
2.3. A certified copy of a death act.
3. The amount of the damages caused:
3.1. A writ of execution – in original.
3.2. A record of insurer’s survey where such survey is made in relation to a claim for any damaged property, certified by insurer’s signature and seal;
3.3. Any photos to evidence the damages to display the damaged motor vehicle plate number;
3.4. The documents relating to the damaged property repairs made;
3.5. Certified copies of any effective decision where the amount of the material damages caused is fixed by a judiciary authority and a damage evaluation expert opinion.
For the purposes of determining the compensation, any other documents may be required to evidence the circumstances of the traffic accident occurrence, the payment reason and the amount of the damages.
III. Assessment of the damages caused and determination of the compensation amount.
- The compensation of any material damages suffered shall be fixed by the Fund’s Board of Directors based on an assessment of the damages according to the uniform methodology of settling the compensation claims for damages caused to any motor vehicles implemented by Regulation No. 24 dated 08.03.2006 with respect to the compulsory insurance and upon application of the Eurotax Schwacke Kalkulation and other price formation guides.
- Such assessment shall be made after the injured person submits all required documents relating to the determination of both the event and the damage amount but not later than 3 months following the date of filing the claims in the registry under Art. 31, para. 2 of the Regulation on the Guarantee Fund Organization and Operation.
- The Fund-paid compensation cannot exceed the amount of the minimum insured amount under the compulsory insurance for the year of the traffic accident occurrence and with respect to the other properties – based on the rules for determination of compensations for damages to any properties other than motor vehicles.
IV. Compensation payment.
The Management Board of the Guarantee Fund, within a period which may not be longer than three months from the date of filing the claim under 1.2., shall make a decision and pay compensation to the bank account of the injured person or refuse payment when there is no ground for payment or where the evidence was not sufficient to establish the grounds or the amount of compensation pursuant to Article 288, paragraph 7, in conjunction with paragraph 9, first sentence of the Insurance Code, in conjunction with Article 31, paragraph 8 of the Rules of Organization and Operation of the Guarantee Fund;
The Guarantee Fund shall notify in writing the injured person / or person authorized thereby / for the decision and the grounds of the Management Board on the claim.