There are cases in which after the damaged person has received a compensation under the Motor third-party liability insurance for the physical damages he or she has suffered, his or her health condition worsens (for instance shortening of a limb or a limb amputation, joint change, infections or other complications that lead to new operations, spinal distortion, etc.). In such cases the question is whether the damaged person is entitled to an additional compensation under the liability insurance, especially when the compensation is paid under an out-of-court agreement with the Insurer or a court decision. It is adopted in the Bulgarian court practice that additional compensation shall be awarded only if the additional damages are directly related to the initial damages caused by the accident and are not due to other reasons and factors. An important prerequisite to the right of additional compensation is the deterioration of the health condition not to be envisaged and considered when determining the initial compensation by the court in the judicial decision or by the Insurer in the out-of-court agreement. The additional compensation covers the non-material damages that are the pain and suffering as a result of the deterioration of the health condition (excess) as well as the material damages (the incurred expenses with regard to the medical treatment).
The damaged person is also entitled to an additional compensation in the cases when after he has received an initial compensation, other injuries caused by the accident are found. There is a number of cases in which the initial medical examinations have not established all injuries caused by the accident and after obtaining the compensation more injuries are uncovered and new diagnoses are given (e.g. fractures of ribs or vertebrae, discal hernia, etc.). In such cases as the later discovered damages were not a subject to the primarily signed agreement or the court decision, an additional compensation is due.
It is important to note that the damaged person is entitled to an additional compensation even when in the primarily signed agreement with the Insurer it is stipulated explicitly that the damaged person waives any further compensations and claims, including with regard to future deterioration of his or her health condition. The preliminary waiver from compensation, before the actual occurrence of the damages, is void and does not hinder the future right to demand compensation. The same refers to the cases when because of the conclusion of an out-of-court agreement with the Insurer the damaged person has withdrawn his or her claim in the already commenced court proceedings against the Insurer. The withdrawal of court claim can encompass only the damages that have been subject to the trial, i.e. those that have occurred and were known at the initiation of the proceedings. The withdrawal of court claim, however, cannot encompass the damages will occur in future.
If your case falls within the listed hypotheses, it is recommendable to turn to a lawyer, specialized in insurance cases, who is able to estimate the legal bases for submitting a claim for an additional compensation.
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