If you’ve been injured in a traffic accident in Bosnia and Herzegovina, and the vehicle that caused the accident was insured by a company now in liquidation, you are not without legal protection. The Guarantee Fund of the Federation of BiH (Zaštitni fond FBiH) may be held liable for compensation, even as a subsidiary debtor, under clearly defined conditions.
Victim Compensation – Legal Precedent from the Supreme Court of FBiH
In its decision no. 32 0 Mals 329853 23 Rev dated February 20, 2024, the Supreme Court of the Federation of BiH confirmed that:
A traffic accident victim has the right to sue the Guarantee Fund of FBiH for damages in civil court if the following conditions are met:
- The claim was duly submitted in the liquidation procedure
- The claim was acknowledged by the liquidation administrator or legally confirmed in litigation against the liquidated insurer
- The victim proved during the lawsuit that compensation could not be obtained through the liquidation process
This ruling provides a real legal pathway for victims to avoid waiting for protracted liquidation procedures – which in BiH can take over a decade – and instead file a direct lawsuit against the Guarantee Fund of FBiH.
The Guarantee Fund of FBiH as a Subsidiary Debtor
Although formally a secondary debtor, the Guarantee Fund can be held financially liable if the conditions established in judicial practice are fulfilled. This makes it possible to secure traffic accident compensation in BiH even when the insurance company is non-functional due to liquidation.
Legal Services We Provide in These Cases
Our law firm offers comprehensive legal support for victims of traffic accidents in BiH involving insurers in liquidation, including:
- Legal evaluation of whether your case meets the conditions for a lawsuit
- Representation in court proceedings against the Guarantee Fund
- Communication with liquidation administrators and the Fund
- Preparation of all necessary documentation and evidence
Don’t Wait Years – Protect Your Rights Now
If you are a traffic accident victim and your claim is against an insurance company in liquidation, don’t wait for lengthy procedures to end. Take action now to secure the compensation you deserve.
If you need legal advice and representation, you have come to the right place.
Our lawyers are available for direct consultation by phone at (+387 62 423 413) or by email at info@partners.haracic.ba.
