- According to Section 31 (1) of the Law on Compulsory Civil Liability Insurance of Owners of Motor Vehicles, insurers who have insured the civil liability of the owners of the vehicles involved in the road traffic accident shall, taking into account the circumstances of the road traffic accident, assess and determine the liability of each person involved in the road traffic accident for the damage caused.
- According to the judgment of the Supreme Court of the Republic of Latvia of 31 October 2007 in case SKC - 546/2007, "In the opinion of the Senate, it clearly follows from the aforementioned legal provision that the decision of the State Police cannot be recognised as the sole basis for determining the liability of the persons involved in the road traffic accident." The legislator has granted the insurer the right to assess the circumstances of the road traffic accident on a case-by-case basis.
- The percentage of liability is to be assessed in accordance with the LTAB Methodological Guidance "Determination the Degree of Liability of Persons Involved in a Road Traffic Accident" (available on the LTAB website www.ltab.lv under "Regulations").
- I submitted complaint to the insurer about the insurer's decision and received a reply to my complaint.