Dispute over compensation: Ms. Lubas is fighting after a motorcycle accident!

Dispute over compensation: Ms. Lubas is fighting after a motorcycle accident!

The case of Ms. Lubas, who was seriously injured in a motorcycle accident in March 2023, is once again in focus after the ORF citizen's lawyer took up the issue of compensation for pain and suffering. The accident, in which the motorcycle's rear tire slipped while cornering, was caused by an oil slick left by a broken car. Ms. Lubas suffered fractures to her metacarpals and severe abrasions to her leg and has since suffered from a complex pain syndrome known as Sudeck's disease.

Although the liability insurance of the person who caused the accident, HDI, made partial payments, Ms. Lubas believes this to be inadequate. In 2024 she received a total of “almost 26,000 euros”, which only covered the costs of the total loss of her motorcycle and a small amount of compensation for pain and suffering. According to a report, the compensation for pain and suffering for five months alone should have been 20,000 euros.

Rejection of further payments

HDI Insurance is of the opinion that it has already paid a large part of the damage and is refusing to make any further payments. Instead, she refers Ms. Lubas to legal action and plans criminal action and repayments. Peter Petz, Ms. Lubas's lawyer, is surprised at the threat of criminal consequences and criticizes the transparency of the insurance company. They did not provide any further details on the information that led to their decision.

The situation could become more complicated for Ms. Lubas as there is a risk of a delay in medical treatment, which in turn could increase the amount of compensation for pain and suffering. ORF presenter Peter Resetarits expressed the hope that an amicable solution can be found to avoid the legal dispute. When asked, the HDI did not provide any details about the previous payments or the current status of the file procedure.

Relevance of the topic of disability benefits

In a broader context, case law repeatedly considers the determination of disability benefits after accidents. For example, in a judgment of the Celle Higher Regional Court on January 26, 2012, it was decided that a plaintiff who claimed disability benefits due to an accident was partially successful in her appeal. The defendant was ordered to pay a total of 254,616.00 euros after original payments were rejected as insufficient.

Similarly, the plaintiff in this case experienced a difficult dispute with her insurance company, which initially made payments but questioned the recognition of the full degree of disability. While the regional court recognized a degree of disability of 25%, a new assessment later found that there was actually a higher degree of disability.

The complex legal disputes surrounding accident insurance and the associated claims for pain and suffering and disability highlight the challenges that many of those affected face. Ms. Lubas' case is emblematic of this issue and could be groundbreaking for future discussions about the rights of accident victims.