Accidents: how to get compensation?

Victime d'un accident? Assurance, indemnités le cabinet DAMY LAURICELLA vous dit tout

You should always keep in mind that no matter how safe you are in a car, motorbike, scooter or bicycle, unfortunately you can still be the victim of an accident.
No one is safe from danger on the road!
A road accident can certainly lead to material consequences, but sometimes physical and / or moral consequences …
The DAMY LAURICELLA law firm answers all your questions about insurance compensation in the context of a traffic accident here.

Accidents in Luxembourg in a few figures…

Between 2015 and 2018, 25 motorcyclists died on the road. From 2016 to 2018, 4 cyclists as well as 15 pedestrians lost their lives.
In 2020, 26 people died on the roads of Luxembourg according to the Grand Ducal police.
Although traffic has been reduced due to containment and teleworking linked to the Covid-19 pandemic, there were unfortunately 4 more deaths on Luxembourg roads compared to 2019.
In addition to these new behavioral changes due to the epidemic crisis, more and more cyclists have been involved in road accidents, which can be explained, among other things, by a large investment by individuals in cycling after confinement. There are at least 35 serious accidents, in other words an increase of 60% in just 1 year.

What is compensation?

Compensation is, by definition, compensation for someone’s expense, loss or injury.
In other words, compensation consists in repairing with financial compensation the material or bodily consequences suffered by a victim.

What insurance companies say

Anyone who is the victim of a road accident, whether a passenger, driver, cyclist or simply a pedestrian, has the right to compensation for material, moral and / or bodily damage.

What are your obligations and those of your insurer in the event of an accident?

When possible, you can establish a report by precisely describing the context of the accident. We advise you to quickly contact your insurance after an accident.
Note that when you have simple liability insurance, only damage caused to a third party during an accident is covered by the insurance.
In the event that you were not responsible for the accident, the time to be compensated is usually longer because your insurer must contact the insurer of the person responsible for the accident to obtain compensation. The insurance of the person responsible for the accident will then pay all costs, whether they are hospital costs or costs to repair the property damage.
However, depending on the insurance companies, if you are injured in an accident and you are responsible, the insurance may not cover your hospital costs if you have not taken out a specific insurance contract. . Check with your insurer!

How do I make a claim?

A claim for compensation can be made directly by the victim to his insurance by notifying him of the accident as soon as possible.
So if you are the victim, your insurance will generally ask you to send them the following documents:

  • A medical certificate
  • If necessary, a work stoppage notice.
  • A copy of the completed report

The request for compensation by the relatives of the victim

In some cases, the request for compensation may be made by a relative of the victim.
And vice versa: if a loved one dies in a traffic accident, you may be compensated for moral injury and for the economic damage suffered.

The claim for compensation in the event of material damage

In the event of material damage, the victim must inform his employer of his commuting accident (if such is the case) so that he can report the accident to the insurer via a commuting accident declaration form. .
The damage caused to the vehicle having suffered the accident will be noted during an expertise carried out by an approved professional. In the event of repair, compensation will only be paid to the insured following receipt of the invoice from this professional.

The claim for compensation in the event of bodily injury

Anyone who suffers bodily injury as a result of a traffic accident is entitled to compensation.
Compensation is paid in the event of the following bodily injuries:

  • Suffering and pain caused by the accident,
  • Injuries leading to total or partial, permanent or temporary disability,
  • Permanent or temporary deformities or scars,
  • Injuries leading to inability to procreate,
  • Injuries resulting in inability to carry out activities.

Personal injury is always compensated for passengers, cyclists and pedestrians, unless it intentionally caused the accident. However, for the driver, the compensation rule differs. Indeed, she strongly depends on her responsibility in the accident.

DAMY LAURICELLA Law Firm: Use our services!

Have you just been the victim of a traffic accident? Do you need professional help to be fully compensated? Call on Maître Grégory DAMY, the specialist in victims’ rights in Luxembourg. The lawyers of the DAMY LAURICELLA law firm will put forward their know-how and their experience in the service of your defense to ensure that you obtain the best possible compensation.
We will give you the best advice to make the most of your compensation for each loss item. We have been successfully counseling victims for 17 years.
So do not hesitate to contact us directly online using our contact form. It would be our pleasure to help you !