Article 12. Obligations of Persons Involved in a Road Accident and of Injured Third Parties

1. Where a road accident occurs, the user of motor vehicle involved in the accident must:

1) take all available and reasonable measures to reduce the potential damage, take all the measures necessary to provide medical aid to injured persons and protect their property as much as possible;

2) immediately report the road accident to the police in the cases defined in the Road Traffic Rules;

3) in the cases when the persons involved in a road accident agree on the circumstances of the road accident and, on the basis of the Road Traffic Rules, do not call the police to the place of the road accident – draw a scheme of the road accident in the declaration of a road accident, describe the circumstances of the road accident and present the declaration for signing. In the event that no one of the persons involved in the road accident does not have a declaration of a road accident, the circumstances of the road accident may be described and a scheme of the road accident may be drawn on a blank sheet of paper where the persons involved in the road accident, motor vehicles, witnesses to the road accident are indicated, information is provided and the circumstances of the road accident are confirmed by the signatures of the persons involved in the road accident. The number of filled-in declarations of a road accident must correspond to the number of the person involved in the road accident;

4) provide to other persons involved in the road accident the information necessary to identify the insurance undertaking which covered him against civil liability;

5) within 3 working days from the road accident, notify in writing the insurer who has covered his civil liability about the road accident for which he is responsible, unless he is unable to do so for serious reasons, as well as submit to the insurer the declaration signed by the persons involved in the road accident or any other document concerning the circumstances of the accident, signed by the persons involved in the road accident. The insurer who has covered his civil liability must be also informed about the road accident in those cases where the person responsible for the accident has not been established;

6) within 5 working days, notify in writing the insurer who has covered his civil liability if a claim for damages was made or any action for damages was brought to court and deliver all necessary explanations and available information.

2. The user of motor vehicle involved in a road accident and persons claiming damages incurred in the road accident shall be obliged to submit to the insurer or to the Bureau any available evidence concerning the road accident and damage, to be cooperative in examining the circumstances of the accident and assessing the size of the damage, to follow the insurer’s or the Bureau’s instructions, if any, and to allow the insurer or the Bureau to investigate the causes of the damage incurred and assess the size of the damage.

3. The person who caused damage with an uninsured motor vehicle shall, within 3 working days from the road accident, notify in writing the Bureau thereof, otherwise the handling and settling the claim shall be exercised without him being present. The person who caused a road accident for which compensation is paid must submit to the Bureau the declaration signed by the participants involved in the road accident or any other document concerning the circumstances of the accident, signed by the persons involved in the road accident.