According to Russian law, all costs incurred as a result of a traffic accident are fully recovered from the perpetrator. Given the fact that motorists have long been accustomed to OSAGO, KASKO, it can be argued that the scheme of compensation for material damage through the insurance company is well known. At the same time, many do not know how to collect moral damage from the perpetrator of the accident, because the law directly says that moral damage is not collected from the insurer. Where to begin, where to go and who has the right to compensation for such harm – we find out in this article.
Who is considered morally affected
Theoretically, any person who has somehow suffered from certain suffering can be a victim of an accident:
- passenger in the car. During an accident, passengers are the most unprotected – according to statistics, in most cases they are injured, fractures, and often fatal. The injured passenger is recognized as injured regardless of whose transport he was at the time of the accident;
- driver. The person behind the wheel is recognized as a victim if the other party is at fault for the collision;
- a pedestrian. People crossing the road in the wrong place are always at increased risk. Among pedestrians, especially many victims due to collisions;
- relatives and relatives of the deceased as a result of an accident.
All of these persons can exercise their right to compensation for moral harm. Its concept is given in civil law – these are the sufferings, moral and physical, which the victim has experienced.
The Supreme Court explained that such suffering could be:
- pain as a result of trauma;
- the inability to continue to work in the specialty, to study;
- loss of loved ones;
- temporary (or permanent) restriction of rights, the ability to lead an active lifestyle;
- experiences due to harm to health and
It should be understood that, for example, reimbursement of the cost of treating injuries caused by an accident is not compensation for non-pecuniary damage. In this case, all the experiences, the suffering of the inability to move, to participate in family life and
What you need to prove in court
It is well known that to seek payments for the harm caused to health and the effects of stress will have to be in court. Consider what specifically to confirm, what evidence to stock up in advance in order to avoid unpleasant surprises in the form of denial of the claim.
Everything is very simple – you need to provide evidence of the circumstances that are specified in the lawsuit:
- if it is required to compensate for the inability to maintain one’s habitual way of life, communication, to participate in any activities, then it is necessary to confirm the actual provision of medical care, rehabilitation, forced job loss due to disability and
- if moral damages are declared, then the causal link between the accident and those experiences that were present in the life of the victim after him should be brought to the court’s attention.
- it happens that the fault of the driver who committed the accident, people who do not have any kinship with the victim, but they suffered significant harm. Such cases require the participation of a competent lawyer who can substantiate the interest of the plaintiff and back up with evidence the connection between the incident and the consequence of damages to third parties.
- if as a result of an accident, a citizen, dependent on which are members of his family, was lost, then in case of a claim for moral and material damage as a result of an accident, medical documents should be submitted to the court indicating that it is impossible to continue working (conclusion of the doctors’ commission, disability certificate , proof of dependents and
Sample Claim to Court
Before you go to court, you can try to file a claim for compensation directly to the participant in the accident. This can be done through a complaint (send it by registered mail to the defendant) or through mediation – the stage of pre-trial settlement, when the parties with the participation of an experienced lawyer can come to a compromise.
If it was not possible to resolve the dispute without a court, or you consider an appeal to the mediator a waste of time (perhaps the potential defendant explicitly stated that he would not pay at least some amount of damage), a statement of claim should be made (explanations are highlighted in blue):
To the Leninsky District Court of Moscow. Claimant: Mamonov Georgiy Borisovich, residing at: Moscow, ul. Lenin,
Claim for compensation of material and moral damage caused by an accident
Wines of citizen Gusev
As a result of the fractures of the left and big tibia bones I had caused, which, according to expert No. 1111, is a moderate bodily injury, I was not able to work as a coach with
After the treatment, I underwent paid procedures at the regional rehabilitation center, the total cost was 43,000 rubles. In addition, on the recommendation of the attending physician, I purchased orthopedic products worth 23,700 rubles.
In accordance with Art. 100 Code of Civil Procedure of the Russian Federation I ask to recover the cost of the services of a lawyer-lawyer in the amount of 10,000 rubles, the cost of registration of power of attorney in the amount of 1,000 rubles.
Based on the above, guided by art. 100 GIC RF,
Collect from the defendant Gusev
- the amount of lost earnings for the period from
(recovery of the amounts specified in paragraphs 1, 3, 4 is made from the person responsible for the accident, is permissible only if his liability is not insured under CTP. And so these requirements are imposed on the insurer, who is obliged to pay an aggregate compensation in the amount of 500,000 rubles.)
- copy of the claim;
- certificate of accident from
As we can see from the presented sample, in order to compensate for the moral damage caused by the person responsible for the accident, it is necessary to point out in great detail and directly the negative consequences that have overtaken the victim. It is also necessary to include those documents on the basis of which the cause of such consequences (unlawful actions of Gusev
If for some reason you do not have a copy of the protocol on administrative violation, a certificate of an accident, a copy of the decision of the justice of the peace, you can request all this in the process of considering a civil case. To do this, right in the text of the claim, you can point to the request to the court that in the preparatory stage the administrative case was requested in the traffic police.
Judicial practice on compensation for moral damage in case of an accident
You can actually get money for moral damage immediately (for example, if the defendant is a solid organization that hired a negligent driver) or never get it. It all depends on the solvency of the debtor and his good faith in the execution of the court decision. In addition, the value of the amount determined by the court for compensation is important. The norms of civil law establish that the amount of compensation payable is determined depending on:
- degree of guilt of the defendant;
- categories of injury;
- the role of the victim himself (there are cases when the victim ran onto the road while intoxicated, after which he demanded large compensation from the driver);
- the degree of material participation of the perpetrator in the treatment, rehabilitation of the victim, help to his family;
- analysis of the proportionality of the claims to the actual harm and
In general, the totality of all these circumstances in each case is individual. In addition, the courts may rely on judicial practice established in the regions:
- in cases of accident with a light injury, courts usually charge from 20,000 to 300,000 rubles;
- in cases where the victim was injured to moderate health, compensation can reach 200,000-400,000 rubles;
- in criminal cases where the victim suffered serious health injuries, the damage can be expressed in the amount of up to one million rubles;
- in criminal cases of fatal accidents, representatives of the victim may receive up to two million rubles.
Actually, the amounts indicated by the judge in the decision can be recovered through the bailiff service (in the event that the decision is not executed voluntarily). You can tell the bailiff about the debtor’s sources of income, the possession of property and
According to Art. 1100 of the Civil Code of the Russian Federation, you can really recover from the driver compensation for non-pecuniary damage, which was caused by his actions, even without finding him guilty. However, the driver’s degree of guilt (as well as its complete absence) will be taken into account when determining the amount to be reimbursed. If the fault is not established, compensation may be, taking into account the insignificance of the damage caused, relatively small (approximately 2000 – 10,000 rubles).
No, a claim for non-pecuniary damage is always brought against the driver of a source of increased danger.
Russian civil law does not put the possibility of going to court for compensation for non-pecuniary damage depending on the preliminary filing of a property claim. After all, moral and physical suffering can come much later events. You have the right to go to court with a separate claim.
According to tax legislation, claims for compensation for harm caused by a crime are not subject to state fees. In your case, a criminal case, the perpetrator brought to criminal responsibility, so the state duty does not need to pay.