Traffic accident, what to do
First steps after a traffic accident and the right to compensation for damage.
What to do
Immediately after the accident, the priority is safety - stopping the vehicle off the road if possible, turning on hazard lights, and checking whether anyone is injured. If there are injuries, an ambulance and the police are called without delay; in that situation, further steps regarding compensation for damage come only after the safety of the participants has been addressed.
When there are no injuries, the next step depends on the amount of the damage and on whether the participants agree on who is liable. If it is minor property damage and there is agreement on the circumstances of the accident, the law allows the matter to be resolved by completing a European Accident Statement, without waiting for the police. When there is no agreement, when the damage is greater, or when any participant requests it, the police attend the scene and prepare an official report, which then serves as the basis for the further compensation claim.
Documenting the scene - photographs, details of the participants and any witnesses - makes the further process easier regardless of whether the damage is resolved through the European Accident Statement, a police report, or later before the insurer. The claim for compensation itself is addressed to the insurer of the liable participant's vehicle; if the insurer disputes its obligation or the vehicle was uninsured, the further steps lead to the Guarantee Fund at the Udruženje osiguravača Srbije (the Serbian Insurance Association), or to court proceedings.
When someone has suffered bodily injury, the severity of the injury - established by an expert, not by the participants in the accident - determines whether the case will be handled as a misdemeanor or as a criminal offense. This is a separate question from compensation for material and non-material damage, which is sought regardless of the outcome of any misdemeanor or criminal proceedings.
When to consult a lawyer
Consultation makes sense as soon as a dispute over liability for the accident arises, when the insurer disputes or reduces the amount of the damage, when a bodily injury has occurred whose consequences are not yet fully clear, or when misdemeanor or criminal proceedings have been initiated over the same accident. A lawyer can assess the amount of a well-founded claim, monitor the limitation deadline, and, if necessary, represent you both before the insurer and in court proceedings.
Sources
- Tariff on Attorneys' Fees and Expense Reimbursement (Tarifa o nagradama i naknadama troškova za rad advokata), items 13, 15, 16
- Law on Road Traffic Safety (Zakon o bezbednosti saobraćaja na putevima), Art. 7 items 83 and 104, Arts. 171 and 172
- Law on Compulsory Traffic Insurance (Zakon o obaveznom osiguranju u saobraćaju), Art. 31
What to do
- Stop the vehicle, secure the accident scene (warning triangle, hazard lights), and check whether anyone is injured; if there are injuries, immediately call an ambulance (194) and the police (192).
- In cases of major property damage, injured persons, or a dispute over liability, wait for the police to prepare an official report, and do not move the vehicles before they arrive, unless doing so is necessary for traffic safety.
- For minor property damage, with no injuries, and with the agreement of all participants on the circumstances of the accident, the law allows a European Accident Statement (Evropski izveštaj o saobraćajnoj nezgodi) to be completed and signed instead of calling the police. The law sets no fixed amount: minor property damage is damage below the level at which criminal liability arises (Art. 7, item 104 of the Law on Road Traffic Safety), and if any participant asks for an on-site investigation, the police must attend (Art. 171).
- Exchange information with the other participants - personal details, license plate numbers, insurance details - and, if possible, the contact details of any witnesses.
- Photograph the position of the vehicles, the damage, the traffic signage, and any marks on the road surface before the vehicles are moved from the scene.
- Report the damage to the insurer of the liable participant's vehicle to initiate the compensation claim; if the vehicle that caused the damage is uninsured, unknown, or the insurer disputes its obligation, the claim can be submitted to the Udruženje osiguravača Srbije (the Serbian Insurance Association) - Guarantee Fund.
- If someone has suffered bodily injury, keep in mind that more serious injuries may constitute a criminal offense (for example, endangering public traffic under the Krivični zakonik, the Criminal Code), which is decided ex officio by the competent authority based on expert findings and opinion, not by agreement among the participants at the scene.
What it costs
The cost of drafting a damage claim and of representation before the insurer or in court proceedings is calculated according to the Tarifa o nagradama i naknadama troškova za rad advokata (the Tariff on Attorneys' Fees and Expense Reimbursement); for court proceedings, the fee is generally proportional to the value of the dispute (the amount of compensation sought), while out-of-court representation before the insurer is most often agreed separately.
Basis for the attorney fee: Tariff item 13 of the Tariff on Attorneys' Fees and Expense Reimbursement (Tarifa o nagradama i naknadama troškova za rad advokata) (claim for damages - fee based on the value of the dispute), item 15 for representation at a hearing and item 16 for legal remedies. The Tariff has no dedicated item for a damage claim to the insurer, so the fee for out-of-court representation is usually agreed separately.
FAQ
Do I always have to call the police after a traffic accident?
Not always. For minor property damage, with no injuries, and with the agreement of all participants on the circumstances of the accident, the law allows a European Accident Statement to be completed instead of calling the police. The police must be called when there are injuries, when there is a dispute over liability, or when the damage exceeds the threshold set by law.
Who do I turn to for compensation if another driver is liable for the accident?
The claim is generally addressed to the insurer with which the liable driver has taken out motor third-party liability insurance, not to your own insurer (unless you have comprehensive/casco insurance that covers such situations under different terms).
What if the vehicle that damaged me has no insurance or the driver fled the scene?
In those situations, compensation for damage can be sought from the Udruženje osiguravača Srbije (the Serbian Insurance Association) - Guarantee Fund, which was established precisely for cases where the damage was caused by an uninsured or unknown vehicle.
Does the claim for compensation for damage from a traffic accident become time-barred?
Yes. The general rule provides for a three-year deadline from learning of the damage and of the person who caused it, and no later than five years from when the damage occurred, under the Zakon o obligacionim odnosima (the Law on Obligations).