Insurance Lawyers in Bulgaria - BSLC

Insurance law regulates the relations between insured persons, insurers, insurers and third parties injured in connection with the conclusion, operation and performance of insurance contracts, as well as protection in case of refusal or incomplete payment of due benefits, pursuant to Article 1, paragraph 1 and Article 3, paragraph 1 of the Insurance Code. In practice, clients are most often confronted with insurance law at the time of a real problem — a traffic accident, property damage to a home or business, personal injury, Casco refusal, reduced compensation under “Civil Liability” or unclear clauses in the insurance policy that only come to light after the occurrence of the insured event.

The team of BSLC — Black Sea Law Counsel is useful precisely in these key moments when the insured event is already a fact, and the client needs clarity on what his rights are, what deadlines are running and what actions he should take to protect his interest. Insurance law is not limited to the policy itself — it covers the assessment of the insurance risk, the determination of the insured event, the determination of the amount of damage and the legality of the refusal or reduction of compensation, as expressly regulated in Article 3, paragraph 1, item 3 and item 4 of the Insurance Code.

In practice, there are often cases in which the insurer refuses payment on grounds of “excluded risk”, “unreported circumstance” or “complicity”, without these grounds being clearly and legally applicable to the particular case. It is here that the professional legal analysis of the contract, the general conditions and the factual situation is decisive. Our role is to assess whether the refusal is lawful, whether the compensation has been determined correctly and whether the mandatory provisions of the Insurance Code, which protect the insured and third parties injured, have been complied with.

BSLC provides legal assistance in both out-of-court settlement of insurance claims and litigation against insurance companies, including claims for property and non-pecuniary damages, regressive claims and subrogation. For clients, this means one thing — a clear answer when they are entitled to compensation, in what amount and how to obtain it most effectively, without getting lost in the complex matter of insurance conditions and procedural deadlines.

Our approach is practical and results-oriented — to guide the client through the insurance process in a way that saves them time, risk and financial losses, protecting their rights with accuracy, consistency and full compliance with current insurance and civil legislation.

How to choose which insurance lawyer in Burgas to trust?

How to choose an insurance lawyer in Burgas is a question that has a direct impact on the actual amount and timeliness of insurance compensation that you could receive. The right to insurance compensation is not exhausted by the presence of a policy and an event that has occurred, but is a complex system of contractual clauses, imperative provisions of the Insurance Code, public oversight and sustainable jurisprudence. Therefore, the choice of a lawyer should be based not on advertising promises, but on specific legal competence, practical experience and a clear methodology of working on insurance disputes.

When looking for an insurance lawyer, it is essential to assess whether he or she has real experience in litigation against insurance companies, including in cases of non-pecuniary damage, grievous bodily injury and traffic accidents with high material interest. It is crucial to have in-depth knowledge of the Insurance Code, the Law on Obligations and Contracts and the Code of Civil Procedure, as well as the ability to apply these legal acts in the light of current judicial practice. A good lawyer should, at the first consultation, propose a legally sound defense strategy, without making unethical or unrealistic promises of guaranteed success, and should approach the collection and analysis of evidence precisely.

The insurance lawyer is not just a procedural representative, but a legal adviser who must identify the unfounded objections of the insurer, determine the correct legal qualification of the insured event and lead the defense consistently, regardless of whether the dispute develops in the order of civil proceedings or in connection with criminal proceedings in the event of a traffic accident. It is this complexity that distinguishes effective legal protection from formal participation in the process.

How is the BSLC attorney's fee determined in insurance cases?

The lawyer's fee in the BSLC is determined on the basis of Art. 36, para. 2 of the Law on Advocacy and Art. 6 of Ordinance No. 1 of 9 July 2004 on the minimum amounts of lawyers' fees, taking into account:

• the complexity of the case;
• the expected amount of insurance compensation;
• the necessary procedural actions — out-of-court proceedings, pre-trial representation, civil or criminal proceedings.

At BSLC, initial consultations on insurance cases are paid, and during the meeting we carry out a detailed legal analysis of the case, review the available documents and evaluate the chances of realizing the insurance claim.

If, in the course of this consultation, it is established existence of a legal basis for obtaining insurance compensation, we offer the customer the opportunity to negotiation of the lawyer's remuneration in case of success— that is, part of the remuneration is due only upon actual award and/or payment of the compensation. This allows greater access to justice for victims without compromising the quality and commitment of legal protection.

All conditions, including the amount and structure of remuneration, are agreed in advance and formed in written contract for legal aid, pursuant to Article 36 of the Law on Advocacy.

What are the most common unfounded objections of insurers?

The most common unfounded objections of insurers in case of refusal to pay insurance indemnity after an accident are aimed at limiting their liability or delaying the claim settlement procedure. Such objections, although formally formulated, often have no legal cover and are subject to effective challenge by a good insurance lawyer. Here are some of the most common:

1. “Lack of causal relationship between the accident and the damage”— the insurer claims that the bodily injury or property damage found did not result directly from the accident. This objection is often used when a sufficiently detailed medical or technical examination has not been carried out. However, in practice, even when the relationship is clear, insurers require excessive evidence beyond what is provided for in Art. 105 of the GPC.
2. “Incorrect or incomplete information in the notification of the insured event”— even if the insured has given notice in due time, any minor inaccuracy (e.g. incorrect date or confused coordinates) is used as grounds for refusal. This is contrary to the principle of good faith, regulated in Art. 12 of the GDPR, especially when inaccuracies are not intentional and do not change the objective factual situation.
3. “The injured person has complicity”— in a number of cases, the insurer invokes Article 51, para. 2 ZPD and claims that the injured party contributed to the occurrence of the damage. This objection must be proven by the insurer and cannot be used mechanically without an individual assessment of the facts.
4. “Lack of insurance coverage at the date of the incident”— the validity of the policy is often disputed or it is claimed that the premium has not been paid. Verification of the terms of the contract (art. 184—187 CC) usually indicates that the contract was in force, especially with automatic renewal and bank payment.
5. “There is insufficient evidence of the occurrence of an insured event”— in the event of an accident without witnesses or in disputable circumstances, the insurer requires an unacceptably high level of proof, which does not comply with the principle of balance between the parties.

In all these cases, an insurance lawyer — especially if he or she has experience in civil accident litigation, like the BSLC team in Sofia, Plovdiv and Burgas — can identify and challenge unfounded objections. The legal framework clearly sets limits on the possibilities of refusal and any going beyond them is subject to control — including through the courts.

How is compensation for non-pecuniary damage determined in a traffic accident?

Compensation for non-pecuniary damagesIn the case of an accident, it covers the pain, suffering and all other personal consequences of the accident, which are not measured by invoices and repairs, but are felt — physically, emotionally and mentally. Unlike property damage (such as damage to the vehicle), non-pecuniary damage is assessed on a case-by-case basis.

Under Bulgarian law, the court determines the amount of this compensation “by justice”— this is stated in Art. 52 of the Law on Obligations and Contracts. Since it is clear that what compensation is “fair” from the point of view of the injured party is extremely subjective, the Bulgarian courts take into account specific circumstances such as:

• how severe the injury was (for example, fractures, commotion, scars);
• how long the recovery lasted;
• whether there are permanent consequences (such as disability or permanent pain);
• how much stress and mental strain the victim has experienced;
• whether he has lost the opportunity to work, study, play sports or even live a full life.

For example: a young person with a severe injury who can no longer play sports or perform his profession can receive significantly higher compensation than a person in retirement with the same injury.

In the practice of Bulgarian courts (including in Sofia, Plovdiv and Burgas), compensation for non-pecuniary damages may be 5 000 to over 100 000 BGN, depending on the severity of the case. Insurers usually offer lower amounts — that's why a good accident lawyer is key to ensuring that compensation is real and fair.

The BSLC team analyzes medical documents, performs expert examinations and uses case law to defend the full size of your claim. Because it's not just the car that has value — so does your health, peace of mind and dignity.

How to file a lawsuit against an insurance company?

When you find yourself in a situation where an insurer refuses to pay you compensation or pays it in a reduced amount — whether after a traffic accident, an accident at work, an accident on the job or a trip — you have the right to seek your rights in court. At BSLC, we protect precisely those clients — victims whose right to fair compensation has been underestimated or ignored.

Depending on the circumstances surrounding the insured event, the case against an insurer can be conducted:

• under the general civil orderwhen no crime has been committed;
• or in the framework of criminal proceedingswhen the event constitutes a crime (e.g. Accident with personal injury or death).

Filing a lawsuit against an insurance company is a procedure that begins only after you have submitted a written insurance claimand the insurer:

1. refused paymentwith motivated refusal;
2. paid less compensation than what was due;
3. He did not make a decision within the time limit.established in the Insurance Code.

When is the civil case conducted?

If the event does not constitute a crime, for example — refusal of payment under Casco insurance, property insurance, passenger accident or other voluntary insurance, the case is pending under the general procedure of the Code of Civil Procedure.

1. You submit statement of claimto the competent district or district court (depending on the size of the claim);
2. Indicate the reason — refusal to pay or insufficiently paid compensation;
3. Attach evidence: insurance contract, protocol of the event, medical documents, written refusal or the specified compensation, as well as correspondence with the insurer;
4. You present and calculation of the claimed damages— property and/or non-property.

The lawsuit can be filed:

• at the registered office of the insurer;
• at the address of the victim;
• or at the place of occurrence of the insured event (Art. 105 and Art. 113 of the CPC).

When is the case held within the framework of criminal proceedings?

If the event constitutes a crime, for example — traffic accident causing death or personal injury, then you can participate in the framework of the criminal processagainst the guilty driver.

1. In the pre-trial proceedings, the injured constituted as an injured person(Art. 75 NPK);
2. In the trial phase, as civil plaintiff(Art. 84 NPK) and possibly a private prosecutor (art. 81 NPK);
3. The action is brought against the perpetrator, but on proven guilt the insurer's liability will be involved in the insurance processunder civil liability insurance.

According to Art. 300 of the GPC, the sentence that has entered into force in the criminal case binds the civil court on the facts: whether there was an accident, who the perpetrator is and what the act is. Thus, in a subsequent civil lawsuit against the insurer, these circumstances are not subject to new proof - significantly easing the process.

What is important to know?

• The case can be conducted only after completion of the administrative procedure for the claim;
• You have the right to sue the Guarantee Fundif the cause of the accident is unknown or was without valid insurance;
• The limitation periodfor filing a lawsuit is 3 years for voluntary insurance and 5 years for “Civil Liability” (art. 378 CC), and the term does not include the time during which a response was expected from the insurer (art. 380, para. 5 KZ).

What documents are needed when filing a lawsuit?

When preparing for a lawsuit against the insurance company, it is important to collect all relevant documents that will substantiate the claim. This includes:

• Insurance contract(policy) — proves the existence of valid insurance;
• Protocols and acts from the bodies of the Ministry of Interiorif it is a question of a traffic accident;
• Medical records— epicrisis, outpatient lists, expertises;
• Financial documents— invoices, receipts proving expenses incurred;
• Written insurance claim and the insurer's response— or proof of the lack of a response within the time limit;
• Witness testimony or expert appraisalsif applicable, e.g. vehicle damage assessment;
• In the event of death — certificate of heirs, death certificate and documents proving the emotional connection, in claims for non-pecuniary damage by indirect heirs.

What are the most common claims?

In lawsuits against an insurance company, claims are most often filed for:

• Property damage— real costs for repairs, treatment, transportation, medicines, burial, etc.;
• Missed benefits— for example, lost income due to temporary incapacity for work;
• Non-pecuniary damages— pain, suffering, stress, loss of a loved one;
• Statutory interestfor delay (Art. 86, para. 1 of the Law on Obligations and Contracts);
• Costs of the case— court fees, attorneys' fees, expertises.

Court fees and expenses

According to Art. 83, para. 2 of the Code of Civil Procedure, when bringing a civil action within the framework of criminal proceedings, Government fees are not due, and the costs may be awarded by the court to the convicted person.

In an independent civil case, as a rule, a court fee is due, calculated as a percentage of the material interest (e.g. 4% of the claim). In case of partial satisfaction of the claim, the costs are awarded proportionally.

Special features in cases of non-pecuniary damage

The amount of compensation for non-pecuniary damage not determined by formula, and “in fairness”, according to Art. 52 of the Law on Obligations and Contracts. In judicial practice, the following are observed:

• the nature and severity of the impairment;
• the age of the victim;
• the duration of treatment;
• the presence of lasting consequences;
• the degree of pain, suffering, loss of opportunities.

Role of forensic medical expertise

In the trial, a key role is played Forensic medical examination, which concludes on:

• a causal relationship between the accident and the disability;
• the type and duration of suffering;
• possible complications or permanent disability.

This conclusion is extremely important for the court in determining fair compensation.