NAKNADA ŠTETE POSREDNIM OŠTEĆENICIMA U SLUČAJU SMRTI BLISKE OSOBE U SAOBRAĆAJNOJ NEZGODI - materijalnopravna i kolizionopravna regulativa -
COMPENSATION OF DAMAGE TO THE INDIRECT VICTIMS IN CASE OF DEATH OF A CLOSE PERSON IN A TRAFFIC ACCIDENT - substantive and choice-of-law regulation -

Summary/Abstract: The article is dedicated to the problem of compensation of damage suffered by the indirect victims in case of death of a close person in a traffic accident. After defining the term of close persons, the substantive law regulation regarding the persons entitled to compensation will be comparatively analysed. There are some differences in position of indirect victims in legal systems that apply the objective concept of non-pecuniary damage as a contemporary approach to protection of rights on victim’s personality. Compensation of damage from a traffic accident in majority of cases is realized on basis of third party liability motor vehicle insurance, and therefore the re will be made a brief overview on the position of indirect victims in European Union law governing this matter. In second part of the article, the attention will be paid to the choice-of-law rules from both supranational acts, i.e. Hague Convention on Law Applicable to The Traffic Accidents and Rome II Regulation, as well as to the domestic PIL Act in relation to the applicable law to the indirect victims in traffic accidents.As a consequence of existence of different choice-of-law rules, dépéçage could occur while settling the claims from the same accidental case, implying the application of different law for direct and indirect victims. European Court of Justice in a recent decision Lazar vs. Allianz gave its interpretation of rights of indirect victims in case of death of a close person in a traffic accident, and explicitly defined the place of damage with purpose of respecting of principle of legal certainty and justice.

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