Traffic Accident Claims — the Legal Grounds
After a traffic accident, a claim for compensation is built on two grounds. One is the general rule — Article 992: a person who causes damage to another person by an unlawful, intentional or negligent act is obliged to compensate that damage. The other is a special norm for transport relationships — Article 999: the owner of a vehicle intended for the carriage of passengers and goods must, if the operation of the vehicle entailed the death of a person, disablement or impairment of health, or damage to a thing, compensate the injured party for the damage arising therefrom. Together these two norms create the framework by which the victim determines whom to claim from and what to demand.
Moreover, these norms work in coordination: the general fault rule covers everyone who contributes to the accident, while the transport rule ties liability to the source of operation. Therefore the first stage of the case is a precise distribution of the roles of all participants: who drove, who owned the vehicle, who was entrusted with its operation and which act caused the damage. The answers to these questions predetermine how successful the claim will be and against whom it must be brought.
When the Vehicle Owner's Liability Does Not Apply
Article 999 names precisely the cases where the owner's duty to compensate does not apply: where the cargo being carried is damaged, except where a passenger carries it with him; and where a thing accepted by the owner of the vehicle for safekeeping is damaged. Nor does the duty apply where the damage is caused by force majeure — except where the damage arose during the operation of air transport. A separate rule concerns unauthorized use: if a person uses a vehicle without the owner's permission, he must compensate the damage in the owner's place; but the owner is also liable if the use of the vehicle became possible due to his fault. An exception is also the case where the user was appointed by the owner to drive the vehicle, or where the vehicle was transferred to him by the owner. Knowing these details determines who the liable party is in a concrete case.
The Form of Compensation — Restoration of the Previous Situation
Article 408 provides that the person obliged to compensate damage must restore the situation that would have existed had the circumstance giving rise to the duty of compensation not occurred. For bodily injury or harm to health the rule is more concrete: if the victim's capacity to work was taken away or reduced, or his needs have increased, the damage must be compensated by payment of a monthly allowance. The victim is entitled to demand treatment costs in advance — the same rule applies where professional retraining becomes necessary. Instead of an allowance the victim may claim a lump-sum compensation, where a significant ground for it exists. This answers the real needs of life after an accident: treatment, retraining and compensation for lost earning capacity.
Non-Pecuniary Damage and the Deceased’s Family — Articles 413 and 1006
Bodily injury or harm to health is always more than a material expense: pain, suffering and the deterioration of the quality of life require a monetary assessment. Article 413 provides that monetary compensation for non-pecuniary damage may be claimed only in the cases precisely defined by law, as reasonable and fair compensation — and in cases of bodily injury or harm to health the victim may claim such compensation. It is on this norm that the victim of a traffic accident bases the claim for moral damage, and substantiating its amount is the stage where experience determines the outcome.
Where a traffic accident causes a person's death, the person who caused the damage must compensate it by establishing an allowance for the persons whom the deceased was obliged to support — this is the rule of Article 1006. The obligation remains in force for as long as the deceased would have been obliged to pay maintenance. Instead of an allowance, a one-time compensation may be claimed where a significant ground exists. For the family this means that the function of the lost income is compensated through a mechanism provided by law — and using that mechanism correctly is where legal support matters particularly.
Limitation and Practical Steps
Time is decisive: under Article 1008 the limitation period for the right to claim compensation for tort damage is three years from the moment the victim learned of the damage or of the person liable for it. Practically: record the accident, collect the medical documentation, identify the liable person and present the claim in time. A lawyer identifies the liable person under Article 999, determines the full spectrum of claims and represents you in negotiations with insurers and in court.
A written pre-court demand often resolves the case without court: it aligns the parties' positions and increases the chance of settlement. Where no agreement is reached, every figure in court rests on evidence — which is why a legal assessment in the first days achieves the most.
Frequently Asked Questions
Who answers for the damage — the owner or the driver?
The owner of the vehicle; a person using it without permission answers instead, though the owner remains liable where the use was enabled by his fault.
Does the owner have exemptions?
Yes: cargo carried (except a passenger’s own items), items taken for storage, and force majeure — the last not applying to air transport.
For how long can the claim be brought?
Three years from the moment the victim learned of the damage or of the liable person.
How We Help on Legal.ge
The lawyers of Legal.ge run traffic-accident claims from the first day: identifying the liable person, quantifying the damage on the evidence, and protecting the limitation periods. Contact us.