Professional legal assistance in case of traffic accidents

Traffic Accident Compensation: How Do We Help?

Our law firm provides legal representation in both out-of-court and litigation proceedings to achieve the highest possible compensation. In the case of traffic accidents, the liability insurer is responsible instead of the driver; thus, settling compensation out of court with the insurer is common.

If the insurer does not pay the requested compensation in full during the out-of-court process, a lawsuit can be initiated for the remainder. Our firm has attorneys specialized in compensation law and decades of experience in both out-of-court and litigation proceedings, allowing us to effectively represent your interests and enforce your claim.

Claims Arising from Personal Injury

Personal injury is a common accompaniment to traffic accidents. In such cases, compensation amounts can be influenced by many different circumstances, such as the severity and consequences of the injury. The two most common types of damages are lost profit and so-called justified expenses.

Lost profit includes any material advantage lost due to the accident; for example, if you suffer an accident as an entrepreneur and are unable to work, you can claim the lost profit as compensation. Justified expenses include costs necessary for the injured party to mitigate the consequences of the damage, such as medications and medical aids.

Compensation can also be claimed if, during recovery, a relative provides free assistance in activities the injured party cannot perform due to the injury, such as cooking, laundry, cleaning, gardening, or transport.

In cases of personal injury, the injured party may also be entitled to a grievance fee (formerly "non-material damages"), which serves to compensate for disadvantages suffered (e.g., physical injury, permanent disability, death of a relative). The amount of the grievance fee always depends on all circumstances of the case, for which court judgments can provide guidance.

Reimbursement of Material and Vehicle Damages

There are three types of damages:

Actual damages refer to damage caused to property; thus, in a traffic accident, damage to the car constitutes actual damage. If the accident involves a pedestrian, reimbursement for damaged items like phones or laptops can be claimed.

If the item is repairable, the cost of repair constitutes the damage. However, repair does not always mean restoring the item's original value; for example, even if a damaged vehicle is repaired, its value on the used car market is less than that of a vehicle that was not damaged. In such cases, depreciation can be enforced as damage.

Out-of-Court Settlement and Court Representation

The Act on Compulsory Motor Vehicle Liability Insurance allows the victim of a traffic accident to take direct action against the liability insurer of the party at fault. This significantly facilitates the compensation process, as you can receive compensation even if the financial situation of the liable party would otherwise not allow it.

Legal representation against the liability insurer is not mandatory, but if you want the highest possible compensation, it is strongly recommended; the insurer is not a simple opponent, it acts according to its own interests and often makes offers that do not match the legally claimable amounts.

You can accept the insurer's offer, in which case it is typically part of the agreement that the injured party waives all further compensation and the right to sue. If the injured party does not accept the offer, litigation remains the solution.

Why is it worth choosing a law firm that specializes in compensation cases?

"In traffic accident compensation lawsuits, whether legal representation is mandatory depends on the amount of compensation asserted. In the lawsuit, the dispute continues under strict procedural rules, where even an incorrect legal citation can have serious consequences, so you are better off appointing a lawyer experienced in traffic accidents."

Dr. Jilling Szilárd Ferenc LL.M.
Master of Tort Laws
Attorney-at-Law

Why Choose Us as Your Accident Lawyer?

Throughout our decades of experience, we have handled numerous traffic accident compensation cases, both out of court and in litigation.
We are familiar with the procedures, practices, tricks, and objections of all insurers, allowing us to make the out-of-court process smoother.
In the event of litigation, we inform you properly about the risks, expected costs, duration, and the course of the proceedings.
We are up-to-date with court practice in compensation lawsuits, which is indispensable for thorough work, as it fills the theoretical rules of the legal text with content.
Our attorneys, specialized in compensation law, represent your interests preparedly in every compensation proceeding.

Frequently Asked Questions

Against whom can I enforce compensation if the party at fault has no liability insurer?

In such cases, you can turn to MABISZ, which is legally obligated by law to pay compensation.

A foreign car caused the damage. To whom can I turn?

According to the provisions of the "Green Card System," if a foreign car causes damage domestically, the Hungarian correspondent partner of the foreign car's liability insurer pays the compensation.

I am also at fault in the accident; can I get compensation?

If you were also driving a car, the primary rule is that operators are liable to each other in proportion to their culpability; so yes, you may be entitled to compensation. However, this primary rule is supplemented by several sub-rules.

If you suffered an accident as a pedestrian and were at fault, your compensation must be reduced by the degree of your contribution. It is important, however, that much stricter liability rules apply to drivers than to pedestrians; thus, if a pedestrian contributed to the accident, it usually does not result in a significant reduction in compensation.

Is litigation the only solution if I cannot reach an agreement with the insurer?

Yes, as there is no other way to enforce compensation. Another solution could be for the injured party to accept certain compensation items and sue for the remainder, so their losses are partially recovered out of court.

I lent my car and someone else caused damage with it. Is my liability insurer responsible?

Yes. According to court practice, the status of operator does not transfer to another person by occasionally lending the car. If you gave it to another person for use for a longer period, or if, for example, your spouse uses it, it may arise that it is not your liability insurer who will pay compensation.

How much time do I have to claim compensation?

As a general rule, strict liability for hazardous operations applies to damages caused by cars, which claim expires in 3 years. This means that after 3 years from the occurrence of the damage, the compensation claim cannot be enforced in court. This is also important because if the claim cannot be enforced in court, the insurer can also reject the claim, knowing that no one can force them to pay.

It is worth enforcing the claim as soon as possible. On one hand, the sooner the proceedings are initiated, the sooner you can receive compensation; on the other hand, damages resulting from delayed enforcement are borne by the injured party and cannot be claimed.