Non-material damages

Settlement of any claims for personal injuries under obligatory Third Party Liability Insurance of Motorists and obligatory Accident Insurance for the passengers.

I. Making Claims Procedure

1. For the purpose of being paid compensation for personal injuries, 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 personal injuries 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.

1. In relation to the Third Party Liability Ins urance of Motoristsregarding:

1.1. Certifying the occurrence of a traffic accident:

1.1.1. 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, original or a certified copy;

1.1.2. 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;

1.1.3. 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;

1.2. The injured person’s right to be paid compensation in relation to the event:

1.2.1. Certified copies of the preliminary investigation materials: a report for the accident survey place with a sketch; indictment, protocols for a trial of witnesses and accused, conclusions by the technical and forensic expert reports, etc.

1.2.2. Medical and other documents – expert reports, medical reports, certificates, epicrises, medical history reports, records by medical committees or labour capacity evaluation committees, etc. certifying the occurrence of any physical injuries resulting from the traffic accident;

1.2.3. An original heirs certificate – up-to-date as of the claim raising date.

1.2.4. A certified copy of: death act, birth certificate, parental relationship certificate.

1.3. The amount of the damages caused:

1.3.1. A writ of execution – in original.

1.3.2. A certified copy of an effective decision where the personal injuries amount is determined by a judiciary authority.
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.

2. In relation to the passengers’ Accident compulsory insurance regarding:

2.1. Certifying the occurrence of a traffic accident:

2.1.1. 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, original or a certified copy;

2.1.2. 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;

2.1.3. 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 an Accident compulsory insurance as of the traffic accident date;
• Any administrative violations of the provisions of the Traffic Law;

2.1.4. An act of any injured passenger’s accident with a detailed description of the case, made by the carrier or a certified copy of an act made by an authority competent for the relevant type of transport.

2.2. The injured person’s right to be paid compensation in relation to the event:

2.2.1. A ticket, card or any other original document evidencing that the injured person has been a passenger;

2.2.2. Certified copies of the preliminary investigation materials: a report for the accident survey place with a sketch; indictment, protocols for a trial of witnesses and accused, conclusions by the technical and forensic expert reports, etc.

2.2.3. Medical and other documents – expert reports, medical reports, certificates, epicrises, medical history reports, records by medical committees or labour capacity evaluation committees, etc. certifying the occurrence of any physical injuries resulting from the traffic accident;

2.2.4. An original heirs certificate – up-to-date as of the claim raising date.

2.2.5. A certified copy of: death act, birth certificate, parental relationship certificate.

2.3. The amount of the damages caused:

2.3.1. A writ of execution – in original.

2.3.2. A certified copy of an effective decision where the personal injuries amount is determined by a judiciary authority.

2.3.3. Records from medical committees or labour capacity evaluating committees, patient’s charts certifying the occurrence of any physical injuries in result from the traffic accident; 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 injuries.

III. Assessment of the injuries caused and determination of the compensation amount.

1. In the event of death or physical injuries, the claim and the evidences submitted shall be discussed by an expert insurance and medical commission to the Guarantee Fund, according to the rules adopted by the Fund’s Board in compliance with Art. 290, para. 2, item 9 of the Insurance Code.

2. The Commission shall make a written suggestion to the GF Board of Directors regarding the ground and the amount of the injured person’s compensation.

3. The compensation for any non-material and/or material damages relating to death or physical injuries shall be determined by the Fund’s Board of Directors based on the claim raised and all required documents used for establishing the event and the damage amount.

4. The amount of any compensation for personal injuries shall be determined based on the evidences submitted and rules as adopted by the Fund’s Board in compliance with Art. 290, para. 2, item 9 of the Insurance Code.

5. The Fund-payable compensation amount cannot exceed the amount of the minimum insured amount under the compulsory insurances specified for the year where the traffic accident shall have been occurred.

6. The deadline for GF BD resolution shall be 3 months following the date of entering the claim into the registry under 31, para. 2 of the Regulation on the Guarantee Fund Organization and Operation.

IV. Compensation payment.

The compensation amount determined shall be paid to the injured person (or to any person authorized by the injured person) to a bank account as advised within 10 (ten) days following the execution of a personal injuries agreement entered into with the Guarantee fund.