Public transport accident claims

In the event of injury to a passenger in public transport, the injured party has the right to indemnity based on the carrier’s liability for passenger safety and its insurance company, considering that transport is provided under a contract obligation to ensure safe transportation of the passenger (Public Trust).

Passengers in public transport, according to the Law on Compulsory Traffic Insurance, include:
1) Persons who are inside the vehicle used for public transport and intend to travel, regardless of whether they have purchased a ticket or not;
2) Persons who are within the vicinity of the station, terminal, airport, or in the immediate vicinity of the vehicle before boarding, intending to travel;
3) Persons who have completed their journey and left the vehicle but remain in the immediate vicinity of the vehicle, within the station, terminal, port, or airport area.

In all cases, a passenger has the right to indemnity if an injury occurs, regardless of whether they purchased a ticket or not. Additionally, passengers have the right to indemnity if the injury occurred while entering or exiting the bus.

The specificity of this type of indemnity is that the carrier and the insurance company are liable under the principle of STRICT LIABILITY, which means that it is not necessary to prove whether the driver was at fault for the accident; it is sufficient that the damage occurred in connection with the transport (use of the bus).

In the territory of the City of Belgrade, passengers are transported by GSP, the city transit company, which is a state-owned enterprise, and their buses are insured with the company “Dunav Osiguranje A.D.O.” Besides the state company GSP, passengers in Belgrade are also transported by private carriers insured with other insurance companies (Sava Osiguranje, Milenijum Osiguranje, AMS Osiguranje, Generali Osiguranje Srbija, Triglav Osiguranje, etc.).

A unique feature of this type of indemnity is that a passenger in transport can claim damages TWICE based on two completely different policies:

1. The first policy is the MOTOR THIRD-PARTY LIABILITY INSURANCE CONTRACT, which all motor vehicles must have. This policy covers indemnity for physical pain suffered, fear, mental anguish due to reduced general life activity, disfigurement, medical expenses, loss of earnings, etc. (Article 200 of the Law of Contract and Torts).

2. The second policy is the MANDATORY ACCIDENT INSURANCE FOR PASSENGERS IN PUBLIC TRANSPORT. Owners of vehicles used for public passenger transport are required to conclude an insurance contract for passengers against the consequences of accidents.
The amount of the minimum sum assured of the contracted accident insurance cover for passengers in public transport shall be established per passenger by the Government, upon the proposal of the NBS.
The insured sum cannot be lower than:
– In the event of the death of a passenger: 8,000 euros;
– In the event of permanent loss of general working ability (disability) of the passenger: 16,000 euros;
– In the event of temporary inability to work and actual and necessary medical bills for the passenger: 4,000 euros.

For example, if a bus brakes suddenly and a passenger suffers a broken arm, the insurance company is liable to provide indemnity under the first policy, motor third-party liability insurance, in the following amounts: RSD 220,000 for physical pain suffered, RSD 200,000 for fear endured, RSD 300,000 for reduced life activity, and RSD 80,000 for disfigurement/scarring. Under the second policy, mandatory accident insurance for passengers in public transport, the passenger is entitled to receive 1,600 euros for 10% disability – bodily injury (100% disability equals 16,000 euros).

For minor neck injuries or other minor bodily injuries, passengers may be entitled to amounts ranging from RSD 120,000 to RSD 160,000.

It is essential for citizens to understand that the same rules applying to injuries sustained on a bus also apply to injuries suffered in a TAXI or a RENT-A-CAR vehicle. So, if you're injured in a taxi or a rent-a-car vehicle, you are entitled to indemnity for two types of damages under two insurance policies, just as if you were injured while using public transport, as outlined in the previous paragraph.

Injuries most commonly happen due to sudden braking. It is crucial that, when an injury occurs in public transport due to an accident, speeding, a sharp turn, or sudden braking, you immediately call the police to conduct an on-site investigation. You should not attempt to judge the severity of the injury yourself, but instead seek medical and legal advice as recommended.

If the insurance company proposes a lower payout, be ready to file a lawsuit to secure the maximum indemnity. Our law firm, Gotovac, backed by 30 years of experience, has successfully handled numerous such cases and can help you claim the maximum indemnity you are entitled to.