The Rijeka Municipal Court, Opatija Permanent Office, ordered Wiener Insurance to pay €14,458.96 in damages to the owner of a vehicle from the Jurdana area following a traffic accident in Kastvu, plus applicable default interest. In addition, the insurance company must reimburse her €6,615.19 in court costs, bringing the total awarded amount, excluding interest, to over €21,000 — specifically €21,074.15 — to which multi-year default interest on the damages amount must be added.
The dispute arose following a traffic accident on Tometići Street in Kastvu. A Ford Mondeo, driven by the vehicle owner’s husband, struck the rear of a truck trailer with its front end. The truck had stopped on the narrow road to allow another car to exit a side road, and the Ford driver failed to maintain a sufficient distance, resulting in a collision that significantly damaged the car.
The vehicle was covered by a comprehensive insurance policy with Wiener Insurance. The owner filed a claim for compensation, but the insurance company did not make a decision on payment, stating in its responses to her inquiries that the matter was still being processed. Consequently, the owner decided to seek compensation through the courts.
During the proceedings, Wiener Insurance did not dispute that the traffic accident occurred or that the car was comprehensively insured, but it questioned the circumstances of the accident and the amount of the claimed damages. It highlighted that the Ford Mondeo had previously been involved in another traffic accident, in which its front end was also damaged, and argued that the lawsuit was premature because the damage claim had not yet been resolved. It proposed the dismissal of the claim and reimbursement of its own procedural costs.
The court heard the drivers of both vehicles, reviewed police and other documentation, and conducted a traffic expert examination and an on-site inspection at the scene of the accident. The court expert determined that the damage to the Ford and the truck trailer was mutually compatible and that the passenger car had struck the rear of the stationary truck. Based on the damage, the impact speed was estimated at approximately 15 to 20 kilometres per hour, and the examination established that the distance between the car and the truck was less than required for safe stopping.
The cost of repairing the Ford Mondeo was estimated at €14,458.96 including VAT. The expert concluded that repair was not economically justified because the costs exceeded 75 per cent of the car’s value, meaning the damage is considered total under professional standards. Wiener Insurance also disputed this calculation, citing previous damage to the vehicle and its own assessment that the damage was lower. The expert explained that previous damage had already been taken into account when assessing the car’s value, reducing it by five per cent.
The court fully accepted the expert’s findings and opinion, deeming them professional, clear and convincing, as well as the testimony of the witnesses heard. It specifically rejected Wiener Insurance’s claim that the lawsuit was filed too early, noting in its reasoning that an insurance company’s decision on a reported claim is not a condition for initiating court proceedings. The court also rejected the statute of limitations objection raised by the insurer after the car owner, based on the expert examination, increased her initial claim.
Statutory default interest on the damages amount runs from the submission of the damage claim to the insurance company. The awarded costs of the litigation include legal fees, court expert examinations and court fees. The insurance company was given a deadline of 15 days to fulfil its obligation, with the possibility of compulsory enforcement. The judgment is not final, meaning an appeal is permitted, which would be decided by the competent county court.
