2015-09-06
379
1. The injured third party may present a claim for damages to the person responsible for the damage (hereinafter referred to as the “responsible person”), directly to the insurance undertaking of a Member State of the European Union or a foreign state which covered the responsible person against civil liability (hereinafter referred to as the “responsible insurer”), to the insurer’s representative appointed for the settlement of claims, or, in the cases referred to in Articles 17 and 18 of this Law, to the Bureau or a representative of the Bureau.
2. Where the compensation paid by the insurer or the Bureau is not sufficient to cover the damage incurred to the injured third party because the damage exceeds the sum insured, the injured third party shall be entitled to claim the remainder from the responsible person.
3. The claim for damages may not be presented to the Bureau if the injured third party has applied to court claiming damages suffered in a road accident from the responsible person or the responsible insurer, with the exception of the cases laid down in Article 20 of this Law. The injured third party may present a claim for damages only after withdrawal of the claim for damages presented to the responsible person or responsible insurer, provided that the court accepted such withdrawal and discontinued the case.
4. Where the motor vehicle which caused the road accident or the responsible person is unidentified but the damage has been caused in circumstances that prove civil liability of the user of the motor vehicle, the injured third party whose property is damaged in the Republic of Lithuania shall be entitled to present a claim for damages to the Bureau. In this case, the Bureau shall examine the claim, assess the size of the damage and determine the amount of compensation to be paid in accordance with the procedure established in this Law; however the compensation shall be paid only after the motor vehicle, which caused the road accident or the responsible person has been identified.
