Must a civil case be filed to have medical bills from a car accident paid?
Question: My wife and I were in a car accident with someone whose insurance had expired. The driver accepted the blame but my wife has been complaining of a sore neck and back ever since. Will I have to file a civil case for any medical bills?
Answer: To claim any damages including medical bills, you will have to file a civil traffic case.
Under Articles 22, Article 24 and Article 26 of Law no 35 of 1992, you have the right to file litigation against the other party. However, in such cases, the most important evidence is the medical report.
In the event of any injury, the injured party must get a copy of a comprehensive medical report, preferably from a government hospital, detailing the injuries sustained. Any compensation is based on the seriousness of the injury and the effect of the injury on the injured party's income, mobility, and permanent or temporary disability.
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