A traffic accident can, in an instant, cause consequences that affect an individual long after the event itself. In addition to physical injuries and medical expenses, victims may also experience fear, emotional distress, a reduction in daily activities—including disability—loss of income, transportation costs, and other expenses. In such cases, the injured party generally has the right to claim compensation for the damages incurred (pecuniary and/or non-pecuniary).

If a traffic accident was caused by another party, the injured party may, as a general rule, file a claim for damages covered by mandatory automobile liability insurance directly with the at-fault party’s insurance company. This is stipulated in Article 20 of the Law on Mandatory Traffic Insurance (hereinafter: ZOZP). Article 20.a of the ZOZP stipulates that the insurance company must, no later than three months after the filing of a claim for damages, submit a reasoned offer of compensation if liability is not in dispute and the damage has been fully assessed, or provide a reasoned response to the claim for damages, if liability is disputed or has not been precisely determined, or if the damage has not been fully assessed.

However, there is no single answer to the question of what compensation a victim is entitled to following a traffic accident. The amount of compensation depends on numerous circumstances of the specific case, primarily the type and severity of the injuries, the duration of treatment, the consequences, the victim’s age, and the impact of the injuries on their daily and professional life, etc. If the injured party also contributed to the occurrence or aggravation of the damage, the compensation may be reduced accordingly.

The fundamental rules governing liability for damages are set forth in Slovenian law in the Obligations Code (hereinafter: OZ).

Pecuniary damage refers to a reduction in assets or expenses incurred as a result of a traffic accident. This may include, for example, medical treatment and rehabilitation costs, medication, transportation to medical appointments, costs of assistance from another person, damage to personal belongings, vehicle repair costs, or other justified expenses. In certain cases, it is also possible to claim compensation for lost earnings if the accident resulted in a loss of income.

Non-pecuniary damages, on the other hand, primarily encompass consequences that cannot be directly expressed in monetary terms. Article 179 of the OZ defines legally recognized forms of non-pecuniary damage to include, among other things, physical pain and discomfort during treatment, mental anguish resulting from a reduction in daily activities, humiliation, and fear.

It is also important to note that the diagnosis alone is not the sole factor considered when determining compensation. Two people with the same injury may suffer different harm. For the assessment, it is important to consider how intense and prolonged the pain was, how long the treatment lasted, whether there are any lasting consequences, and how these affect the life of the specific injured party.

A claim for damages must be as comprehensive as possible and properly documented. It is recommended to attach or gather, in particular, medical records, test results, invoices and proof of expenses, proof of sick leave and loss of income, as well as other documentation demonstrating the extent of the damage incurred.

When claiming non-pecuniary damages, a comprehensive description of the course of treatment and the consequences of the injury is particularly important. In this regard, it is not only important to note which injuries were identified immediately after the accident, but also whether any permanent consequences, including so-called disability, developed later.

The amount of compensation for non-pecuniary damages is determined according to the principle of fair monetary compensation. The damages must be assessed on a case-by-case basis, while also taking into account objective criteria and comparability with compensation awarded in similar cases. This is also confirmed by case law. According to the judgment of the Higher Court in Ljubljana, Case No. II Cp 2990/2015, while compensation is determined on a case-by-case basis, its amount must be situated within the broader framework established by case law regarding minor, major, and catastrophic damages. Similarly, in Case No. II Cp 792/2020, the Higher Court in Ljubljana emphasized the principle of the objective determination of the amount of damages. When comparing with other cases, one must take into account the total amount of damages awarded, not merely the individual items of non-pecuniary damages. Case law thus provides guidance, but the amount of damages cannot be determined solely on the basis of a single past judgment in a relatively similar case. After all, no two cases are exactly alike. The specific circumstances of the individual victim are key.

If a traffic accident results in a permanent reduction in the ability to perform daily activities, the compensation may be significantly higher than in the case of an injury that heals without permanent consequences. In such cases, an assessment is made of how the injury affects the individual’s daily life, sports activities, work, family life, and other activities.

The OZ also provides for compensation for future non-pecuniary damages when it is certain, in the normal course of events, that the damage will persist into the future. Thus, it follows from the judgment of the Higher Court in Ljubljana, Case No. II Cp 1847/2016, it follows that the court also took into account the young age of the injured party and the fact that he will have to endure the consequences of the injury for a long time to come, and therefore awarded compensation for future non-pecuniary damages. The case is also significant because it demonstrates that the amount of compensation can be influenced by age, the duration of the consequences, fear, and psychological distress.

The injured party must also be aware of the time limits for filing a claim for damages. Under Article 352 of the OZ, a claim for damages generally becomes time-barred three years after the injured party becomes aware of the damage and the party responsible for it, and in any case within five years of the damage occurring.

At first glance, the claims process may seem simple, but in cases of more serious injuries, it is often significantly more demanding and complex. The insurance company may only partially acknowledge liability, pay out the undisputed portion of the compensation, or assess the consequences of the injury differently than the injured party. Before accepting the insurance company’s offer or signing a settlement agreement, it is advisable to verify whether the full extent of the damage incurred was taken into account in calculating the compensation and whether any permanent or future consequences were also appropriately considered.

Our law firm can assist you in assessing liability for the accident, identifying all forms of damage, preparing and substantiating a claim for damages, negotiating with the insurance company, and, if necessary, enforcing your rights in court. It is important that a claim for damages not be based solely on a diagnosis or a general assessment of the consequences. Each case must be considered individually, as it is precisely the details—such as the duration of treatment, the intensity of pain, psychological consequences, permanent limitations, the victim’s age, and the impact of the injury on their life—that can significantly influence the final amount of compensation negotiated or awarded.