When the damage occurred in traffic, in addition to the general norms of the provisions of the Law of Obligations, the provisions of the Law of Compulsory Insurance in Traffic are also applied.
In this case, the injured party first submits a request to the insurance company where the injured party is insured against the consequences of the occurrence of the harmful event. If the insurance company refuses to pay adequate compensation for material or non-material damage, the injured person can file a lawsuit against the insurance company before the court of jurisdiction. Therefore, in these situations, the injured party leads the proceedings against the insurance company, and not against the person who was driving the motor vehicle and who caused the damage.
The injured person has the right to compensation for material damage (damage to a motor vehicle and other things) as well as compensation for non-material damage (suffered fear in a traffic accident; pain suffered in a traffic accident, etc.).
If the damage was caused intentionally or due to gross negligence (running a red light, driving under the influence of alcohol and other intoxicants), the insurance company can, after compensating the damage to the injured person, claim that amount from the insured who caused the damage.