The Lori Regional Court, in case No. LD/6898/02/23, partially rejected the insurance company’s claim and issued a judicial act that met the expectations of our client, Vanik Zalinian.
Specifically, in the circumstances of an apparent mutual fault in a traffic accident, according to the expert opinion appointed by the insurance company, our client was found to be 100% at fault. He had not been notified about that examination and therefore had no opportunity to appeal the expert conclusion to the Bureau of Motor Insurers.
The legal issue raised in the case was the following:
“In such circumstances, was the defendant, V.Z., entitled to challenge in court the expert opinion on the causes of the traffic accident appointed by the insurance company, even though that conclusion had not been appealed to the Bureau of Motor Insurers?”
The Court granted our motion and confirmed that, despite the provisions of Articles 21 and 22 of the Compulsory Motor Insurance Law, when the defendant has not been duly notified about the expert examination conducted by the insurance company regarding the causes of the accident, he is entitled to challenge that conclusion in court and request a new expert examination, in order to ensure his constitutionally guaranteed right to judicial protection.