Filing claims based on a contract for mandatory third-party liability insurance for motorists is carried out in the insurance company with which the driver who was at fault has concluded the insurance contract.

When filing a claim, you should provide the insurer with complete and accurate data on your bank account to which the specified insurance compensation will be transferred. (Art. 380, para. 1 of the IC).

In case you want the compensation to be transferred to the bank account of another person, then it is necessary to present to the insurer an explicit written power of attorney with notarized signatures for the respective insurance claim or payment, which contains a statement that you are notified that you have the right to receive the payment in person (Art. 338, para. 1, sentence 1 of the IC), and afterwards the compensation will be transferred to the bank account of the other person.

On the day the claim is filed, the insurer should inform you of the evidence you need to provide to establish the basis and amount of your claim. (Art. 106, para. 3 of the IC).

The insurer may require the submission of additional evidence. This occurs within 45 days from the presentation of the evidence required when filing the claim, and only when the need for them could not be foreseen when filing the claim. (Art. 106, para. 3 of the IC)*

* It is not allowed to require evidence that the user of the insurance service cannot obtain due to existing regulatory obstacles or due to the lack of legal possibility to provide it, as well as evidence for which it can be reasonably assumed that it does not have significant importance for establishing the grounds and amount of the claim and its only purpose is unjustified delay and prolongation of the procedure for settling the claim. (Art. 106, para. 5 of the IC).

The Insurer must rule on your claim within 15 working days from the submission of all evidence under Art. 106 of the IC. (Art. 108, para. 1 of the IC).

In case you do not present all the required evidence, the period of 15 working days for the insurer to rule does not start. However, according to Art. 496 of the IC, the insurer must make a final ruling within three months from the claim being filed.

You should bear in mind that the conclusion of an agreement between you and the insurer is not a mandatory condition for the payment of insurance compensation.

Only the determination and payment of the amount of the compensation or the insurance amount by the insurer or the issuance of a justified refusal of payment shall be considered a “ruling”.

In case of disagreement with the ruling, you can file a complaint for review (appeal) to the insurer, and pursuant to Art. 290, para. 2 of the IC, he must consider and respond to your complaint within one month of its receipt.

In case of disagreement with the determined amount of the insurance compensation, you can file a complaint to the insurer with a request for providing factual and legal justification of the amount, and pursuant to Art. 108, para. 6 of the IC, the insurer is obliged to provide you with a written justification within 7 days.

You can also request the conclusion of an agreement with the insurer, which settles the amount of the due insurance compensation.

You should keep in mind that the rights under the contracts for mandatory third-party liability insurance for motorists are settled with a five-year term of limitations as of the occurrence of the insured event. (Art. 378, para. 2 of the IC).