Compensation after a traffic accident in Serbia: what you are entitled to and how to claim it

Who pays the damage

As a rule, the damage is paid by the insurer of the driver who caused the accident, under their compulsory motor third-party liability policy. If the driver was uninsured or fled the scene, the claim is filed with the Guarantee Fund of Serbia.

What you can claim

Compensation covers pecuniary damage, such as vehicle repairs, medical costs and lost earnings, as well as non-pecuniary damage: physical pain, fear and mental suffering due to reduced quality of life or disfigurement. With non-pecuniary damage in particular, the gap between the insurer's first offer and what can be obtained in court can be considerable.

How the procedure works

First, a claim is submitted to the insurer, together with the police report or the European accident statement, medical records and receipts. The insurer then assesses the damage and makes an offer. If the offer is low or the claim is rejected, the next step is a lawsuit.

Deadlines you must not miss

Under Serbian law, a claim for damages becomes time-barred three years after you learned of the damage and of the person who caused it, and at the latest five years after the damage occurred. If the damage was caused by a criminal offence, the period may be longer. It is best not to wait: evidence and witnesses are lost over time.

Practical advice

Keep all medical records and receipts, photograph the vehicle and the accident scene, and do not sign a settlement until you are sure the amount is fair. Once you sign a settlement, you generally cannot claim the difference later.

This guide provides general information on Serbian law and is not legal advice for a specific case.