Causing harm to health in a traffic accident

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An accident is a process that can lead to harm not only to the vehicles involved, but also to the health of the victims, as well as their moral distress. Almost anything can affect the psyche of victims: damage to a car, damage to personal belongings, injury or death of one of the participants. If an accident results in personal injury, troubles arise for all parties. The legislation of the Russian Federation provides for several types of liability for a citizen who is found guilty of an accident causing harm to health.

Normative base

Issues of compensation for health damage sustained in an accident are regulated by the following types of regulatory documents:

• Law No. 40-FZ of April 25, 2002 “On compulsory civil liability insurance of vehicle owners” (last edition – December 29, 2007), where Part 12 discusses the procedure for making insurance compensation.
• Code of Administrative Offenses (Article 12.24, defining the concepts of mild and moderate harm to the health of the victim).
• “Regulations on the rules of compulsory civil liability insurance of vehicle owners”, approved by the Bank of Russia on September 19, 2014 N 431-P.
• Government Decree No. 150 dated February 21, 2015, which spells out changes in the procedure for calculating the insurance amount for the victim.
• Appendix to the order of the Ministry of Health and Social Development No. 194n dated April 24, 2008, which indicates the degree of loss of performance, as well as the criteria used to assess the injuries received.
• Criminal Code of the Russian Federation (Article 264 in case of causing serious harm through negligence and 111 in case of intent of the culprit);
• Civil Code of the Russian Federation (Articles 56, 59, 1068, 1079 and some others).

Attention:
Short-term injuries from road accidents in the form of bruises, scratches, and abrasions are not considered harmful to health. They do not interfere with the victim’s ability to work; to cure them there is no need to issue a sick leave. If desired, the victim of a traffic accident can only declare his intention to receive compensation for moral damage.

The procedure for assessing damage caused in a traffic accident

If the health of those involved in an accident is harmed, then the person responsible for the accident will have to answer for it, even though it was impossible to prevent the accident. A large number of factors can lead to a traffic accident:

• alcohol intoxication;
• lack of driving skills;
• traffic violation;
• unsatisfactory state of health of the person driving the vehicle;
• emergency condition of the machine;
• inattention.

Even if the damage to health due to an accident was caused unintentionally, the driver at fault will be obliged to compensate the victim for the damage. To determine the possible amount of compensation, one should be guided, first of all, by the severity of injuries received in an accident:

• minor injuries;
• moderate injuries;
• severe consequences.

IMPORTANT
The severity of injury in an accident can only be determined by a forensic examination after examining the condition of the victim, recording anatomical damage and violating the integrity of the skin. The procedure ends with an assessment of the psychological state of the victim.

During the forensic examination after an accident, factors such as the duration of sick leave, the duration of the full recovery process, and the impact of the injuries on the citizen’s ability to work will also be taken into account. The examination will take into account the loss of an organ, hearing, speech or vision impairment and the inability to fully work in later life.

How is severity determined?

Causing harm to health as a result of an accident entails trouble for the injured persons and the driver who was driving the car.

Various situations may arise on the road, and the ability to avoid an accident is not always entirely up to the driver. There are many factors that lead to an accident :

• intoxication;
• lack of rights;
• car malfunction;
• driver's health condition;
• violation of traffic rules;
• inattention and so on.

Every time a driver, while driving, runs the risk of unintentionally causing harm to the health of another person. In any case, he will be to blame for the accident.

However, the severity of the punishment will be minimal if he could not have avoided the accident . First things first.

There are only 3 types of injuries that participants in an accident on the road can receive:

1. Lungs.
2. Moderate weight.
3. Heavy.

Separately, there are cases where there is death. The severity of injuries caused is determined by a forensic medical examination.

The forensic expert examines the victim, records anatomical and physical injuries, and assesses the mental state.

There are certain criteria that help determine the nature of injuries:

• the impact of injuries on later life;
• duration of ill health;
• impact of damage on work ability;
• loss of any organ, cessation of functioning of the organs of hearing, vision, speech;
• inability to continue professional activities.

Each of these criteria creates a certain degree of severity of harm caused to health. The full list is contained in the order of the Ministry of Health of the Russian Federation dated October 24, 2008 No. 194 .

Degrees of injury to health in a road accident

So, a forensic medical examination determines the severity of the harm to health that was received at the time of the accident. Experts assess disability. The specialist must have a medical education.

For your information

Conducting such an examination is equally important for both the victim and the culprit. For one, this is a guarantee of compensation for losses incurred; for another, it is a qualified opinion that will be taken into account when determining the penalty.

After establishing the severity of the injury at the time of the accident, three types of injuries are determined:

1. Minor injuries. With such health problems, the disease goes away within 3 weeks, the coefficient of disability does not exceed 10%.
2. Moderate weight. In such a situation, the victim needs from 21 to 120 days to fully recover, and the percentage of disability ranges from 10 to 30%.
3. Severe violations. Such injuries are life-threatening. They often lead to the loss of certain organs, which leads not only to decreased performance, but also to a sharp deterioration in health.

Severe harm to health is determined by a whole list of injuries, which are listed below:

• neck and head wounds;
• damage to the spinal cord and spine;
• damage to internal organs;
• wounds of the pelvis, abdomen and chest;
• ruptures of blood vessels;
• fracture of a rib (or several);
• burns;
• painful shock or coma, which can lead to death;
• loss of vision;
• speech and hearing disorders;
• fetal loss;
• the occurrence of drug addiction or mental disorder;
• facial injuries that will not go away with time.

If the victim has at least one similar injury, then the severity of the harm received in the accident can be considered severe. If there are several injuries in an accident, then the most severe one will play the determining role in their totality.

What kind of damage to health will the person responsible for the accident be held liable for?

In case of an accident, which is aggravated by the presence of victims, several types of liability arise:

• civil law , which covers all damage caused in an accident;
• administrative , which entails execution of punishment for violation of traffic rules that resulted in an incident;
• criminal (or administrative) for injuries caused to people.

The driver of a vehicle who is found guilty of an accident bears civil liability for the accident. By insuring his civil liability, the motorist receives guarantees that the insurance company will pay for the damage suffered by other participants in the unpleasant event.

Responsibility of the culprit of the accident

If an accident occurs in which people are injured, the perpetrator is obliged not only to compensate for the damage, but also to bear administrative or criminal liability. This depends on the severity of the injuries sustained in the accident. You will also have to answer for traffic violations if this was the cause of the incident.

The court determines what kind of violation the perpetrator must answer for. The court will take into account all the circumstances in which the traffic accident occurred. They can be both mitigating and aggravating:

• previous traffic violation;
• driving a vehicle while intoxicated;
• repentance;
• immediate violation of the rules by the injured party;
• compensation for harm on a voluntary basis;
• the complexity of the life situation of the person responsible for the accident.

The liability of the culprit of an accident arises in the following cases:

• causing slight harm to health in an accident;
• causing harm to health in an accident of moderate severity;
• causing serious harm to health in an accident due to negligence;
• causing serious harm to health in an accident;
• death in an accident;
• causing moral harm to health in an accident.

If the victim can easily recover and his performance is not greatly affected, then the culprit will have to bear administrative responsibility. For minor injuries, the fine will not exceed 5,000 rubles. In some cases, material punishment can be replaced by restriction of freedom for up to one and a half years.

The culprit of the accident, who was drunk at the time of the collision, must count on punishment, the severity of which will be the most severe. Severe injuries will result in criminal liability. It provides for punishment of up to 2 years of imprisonment or up to 3 years of restriction of liberty. Additionally, the culprit may be deprived of his rights for up to 36 months.

For your information

A state of intoxication is a situation that leaves a heavy imprint on the circumstances of the incident. In this case, the culprit may be subject to forced labor for up to 3 years or imprisoned for up to 4 years.

If the accident is classified as a fatal accident, then the number of fatalities may play a determining role in determining the verdict. If one person dies - forced labor (up to 4 years) or prison, in which you will have to spend up to 5 years. If several people are lost in an accident, the figures increase proportionally to 5 and 7 years, respectively.

What can mitigate or increase guilt?

The table shows the maximum limit of sanctions for each part of Art. 264 of the Criminal Code of the Russian Federation. However, when making a final verdict, courts take many factors into account. They speak both for the accused and against him.

Additionally, the road situation is analyzed, including weather conditions and illumination of the area where the accident occurred. The actions of the victim can also play an important role.

Mitigating circumstances include:

• committing a crime for the first time;
• pregnancy of the female driver, presence of dependent small children;
• providing the victim with first aid at the scene of the incident;
• confession, providing full assistance to the investigation;
• voluntary compensation for damage caused.

Given in Art. 61 of the Criminal Code of the Russian Federation, the list of mitigating circumstances is not exhaustive. Often the identity of the accused, characteristics about him at his place of work and residence are taken into account.

In turn, the range of aggravating circumstances is contained in Art. 63 of the Criminal Code of the Russian Federation. The driver's drunken state, drug intoxication or leaving the scene of the accident was noted above.

Here you can add the presence of an outstanding criminal record, as well as the onset of serious consequences. They mainly refer to fatal accidents.

Punishment of a pedestrian guilty of causing harm to health

There are accidents in which pedestrians are found to be at fault. In them, not only a pedestrian participant in an accident, but also passengers or the driver can receive injuries of varying degrees of severity. If citizens received minor or moderate injuries, then the culprit (we are talking about a pedestrian) will have to pay a fine in the amount of 1,000 to 1,500 rubles.

If the result of an accident caused by a pedestrian on foot results in the death of people, then the following penalties are provided for the culprit:

• imprisonment (up to 3 years);
• arrest (up to 120 days);
• forced labor (up to 2 years);
• prison (up to 2 years).

Attention
If the actions of a pedestrian caused the death of two or more people in an accident, then he will have to suffer a more severe punishment - correctional labor for a period of 5 years or imprisonment for a term of up to 7 years. Such measures are quite serious; they are aimed at calling on violators of traffic rules to fulfill their civic duties.

Compensation for damage to health in case of an accident under compulsory motor liability insurance

When an accident occurs, harm is caused not only to vehicles, but also to pedestrians, drivers, and passengers. Such damage may include:

• earnings that were lost during the period of incapacity;
• expenses that the victim had to incur as additional;
• funds needed for treatment.

Since the vehicle is considered a source of increased danger, its owner must fulfill the obligations of insuring his motor third party liability. This covers the risks of harm to the life and health of persons who may be injured in an accident. If such a fact arises, then the costs incurred by the victim are reimbursed by the insurance company under compulsory motor liability insurance.

Currently, OSAGO provides for two types of insurance payments:

1. Compensatory compensation, which is assigned without fail. The amounts of these payments are determined as a percentage of the category of damage.
2. Compensatory payments that are not mandatory and are assigned in addition to monetary compensation of the first category. Their size may vary and is calculated on the basis of papers indicating that compensation payments did not cover all expenses.

Compulsory car insurance is a guarantee that the victim will receive compensation for the damage he received in an accident. These are not only property losses, but also physical harm caused to the health of the victim in a traffic accident.

What to do if the insurance company refuses to compensate for damage to health?

In some cases, the insurance company refuses to compensate for damage caused to health by the person responsible for the accident to third parties. Payments include the insured amount, as well as the amount of income that could not be received due to being on sick leave after an accident. Also, the insurance company is obliged to reimburse the cost of sanatorium treatment and medications.

If the insurance company refuses to pay under compulsory motor liability insurance for personal injury caused in an accident, the victim must take the following actions:

1. Receive a refusal in writing. This document will later become the basis for going to court. It often happens that immediately after issuing such a document, the insurer decides to pay compensation.
2. Understand the reason for the refusal. If it is legal, then all the shortcomings must be eliminated. If all the insurer’s arguments are controversial, then you need to move on to step 3.
3. Contact RSA and the Central Bank. Such a step is a faster way to resolve the issue than filing a claim in court. A complaint to the Central Bank can be submitted through the Russian Post, online via a link or in person at the department. You can submit a complaint to the RSA in person or by email.
4. If contacting the mentioned organizations did not produce the expected effect, then the next step should be to file a pre-trial claim with the insurance company. This step is mandatory because without pre-trial appeal the court will not accept the claim against the insurer.
5. If the insurance company sends a refusal within 10 days (or no response was received at all) to satisfy the claim, then you should file a lawsuit. The same actions must be taken if there is no response at all.

Please note:
Claims against insurance companies are heard by courts of general jurisdiction. If the amount of compensation for personal injury is less than 50,000 rubles, then you need to file a claim by going to the magistrate’s court, and for a larger amount, to the district court.

Amount of compensation payments

Determining the amount of compensation is one of the most difficult processes faced by both the applicant and the court. If we are talking about moral damage, it is very difficult to convert it into money, so people often unreasonably indicate the maximum possible amount, because they believe that the court will in any case be on their side and the person responsible for the accident will have to pay money regardless of the amount of payments.

Almost every citizen of the Russian Federation knows that almost any amount can be specified for moral damage, but if it is not justified, the court will not approve it. In addition, it is worth understanding that the driver who caused the accident will make every effort to reduce compensation or get rid of it altogether. Therefore, the stronger the justification, the better.

Important! The court makes a decision, taking into account not only legislative acts, but also general fairness. To determine the amount of compensation payments, the applicant’s lawyer refers to articles of the Criminal Code of Russia and court practice. Only in this way can you understand what amount the court will consider fair.

Payments for psychological injuries do not apply to property damage. But, given the practice of court hearings, this rule does not always apply.

Expert opinion

Artemyev Dmitry

Experience as a forensic expert in the field of automotive technical examination for more than 2 years, more than 3 years of work in the field of insurance disputes, appealing guilt in road accidents.

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Today, according to statistics, more than 70% of proceedings end with the culprit having to pay the victim no more than 5-8 thousand rubles. This amount can increase 10 or even 15 times only if the driver has committed a serious crime.

If the culprit does not have compulsory motor insurance

Attention
From the point of view of the law, the Russian Union of Auto Insurers must bear responsibility for the accident and the damage to health that occurred. Even if the offender does not have a compulsory motor liability insurance policy, the victim should not be left with nothing. This requirement is reflected in Article 18 of Federal Law No. 40 of April 25, 2002.

To receive an insurance payment if the person at fault does not have a policy, you should contact the Russian Union of Auto Insurers. This authority will consider the appeal within 30 days, but only after receiving an application for compensation from the victim. It is also necessary to provide documents that will serve as evidence of the existence of harm caused to health.

If the accident had serious consequences in the form of the death of one of the participants, then family members have the right to claim compensation for loss of a breadwinner. You can also demand a refund of the cost of burying the deceased. This can also be done by contacting the Russian Union of Auto Insurers.

Before starting the process of collecting compensation for personal injury caused in an accident, the victim must prove the fact of the accident and the presence of a guilty party. For this you will need:

• decision to impose a fine;
• verdict in a criminal case (in case of death of the injured party);
• accident report;
• data on losses incurred in the accident, including lost earnings, costs of treatment and restoration (medical report).

If the person at fault for the accident does not have an insurance policy, he will have to reimburse the Professional Association of Auto Insurers for the amount of payments that were made to the victim or his relatives. If he refuses to do this on a voluntary basis, the RSA has every right to go to court.

Compensation for damage to health in an accident from the culprit

So, if the person at fault for the accident did not have insurance, then the Russian Union of Auto Insurers will recover the entire amount of payments from him through the court. The victim can try to independently contact this authority in order to receive compensation.

As a first step, the injured citizen must prove the fact of the accident. To do this, you will need to attach to the application:

• resolution on an administrative fine (issued by a traffic police inspector);
• accident report;
• a certificate from the service station about the amount of losses incurred in the accident;
• medical report on harm caused to health;
• receipts for payment for treatment, medicines;
• verdict in a criminal case.

IMPORTANT
If the culprit was driving not his own transport, but a company car, then you can attempt to send a claim directly to the organization where the person who caused the accident works. To obtain this information, you must request in advance a copy of the accident report drawn up by the inspector. It is advisable to have this document when going to court.

Statute of limitations

Participants and eyewitnesses of road accidents constantly wonder what the statute of limitations is for road accidents. This can be explained by the fact that some health problems do not appear immediately, but after some time. Certain types of bodily injuries may not appear immediately, and the investigation of the most complex accidents lasts up to six months. During this period, forensic medical examinations are carried out to obtain accurate information about the severity of the injuries.

The above facts mean that the minimum limitation period is six months. Further, depending on the degree of injury suffered by the victim in an accident, the data increases proportionally:

• for minor harm – 2 years;
• for harm of moderate severity – 6 years;
• for severe injuries – 10 years.

Attention
The time countdown begins from the moment of the accident. If the victim initiates an appeal to the court, he can count on reimbursement of expenses and wages only for the last three years.

Moderate harm

According to the Criminal Code of Russia, harm of moderate severity is characterized by temporary loss of ability to work, as well as a temporary health disorder that is not life-threatening to the victim . With average severity of the damage, the consequences of the damage affect the ability to work by less than one third. The average degree of harm caused is limited only by the consequences for the normal working capacity of the victim and harm to health. Most often, moderate harm includes injuries to the arms and legs, as well as non-fatal head injuries. We can talk about an accident with moderate harm to health when there are no consequences that are provided for in Article 112 of the Criminal Code of the Russian Federation.

The main signs of moderate harm include:

• damages and injuries that are not life-threatening (this includes a moderate concussion);
• temporary disruption of the normal functioning of organs and systems of the body;
• long-term health disorder – over 21 days.

Reconciliation of the parties

A huge part of criminal cases initiated in connection with road accidents and injuries to health are terminated because the parties have reconciled voluntarily. For many participants in accidents, this is the only way to resolve the situation without waiting for an invitation to court.

Reconciliation with the victim makes sense in a situation where the person who caused the accident has no chance to defend his innocence. If the fault in the accident is obvious, then it makes sense to reconcile before the victim goes to court. If you go to a settlement after this point, it will be considered that legal proceedings have been initiated against the guilty person.

For your information

It is worth remembering that information about a criminal case once initiated may be available to financial organizations, information and law enforcement agencies. This means that even a case that has already been closed by reconciliation of the parties will appear with the name of the culprit, and the information will be available to bank security officers and potential employers.

When making a decision on reconciliation, it is necessary to listen to the requirements of the party injured in the accident and adequately evaluate them. Unjustifiably high settlement standards must be corrected through well-structured negotiations. If the perpetrator does not consider himself guilty, then available methods of defense should be used.

Thus, reconciliation entails the absence of a criminal record and, accordingly, punishment for causing harm to health in an accident. There will be no imprisonment, probation, or forced labor. The culprit will also retain the right to drive the vehicle. If a sentence is nevertheless passed, the accused will not have to drive for 3 years.

If the parties have agreed on reconciliation after the initiation of a criminal case, then some nuances should be taken into account:

• firstly, the crime must be committed by the culprit for the first time;
• secondly, the severity of harm to health should not be severe;
• thirdly, the accused, before the case was dismissed, made amends to the victim by paying all expenses and compensating for the moral damage caused.

Attention:
In order to formalize the reconciliation of the parties, in case of personal injury in an accident, you should formally apply to the court with a petition, after which you must attend the hearing in person. This is necessary to confirm the fact of reconciliation, as well as to establish the fact of its voluntary implementation and compensation for damage caused.

How moral and material damage is compensated

Bringing a citizen to administrative or criminal liability does not relieve him of the obligation to compensate for the harm caused to the victim and his relatives. The procedure itself largely depends on whether the culprit had a compulsory motor liability insurance policy.

Currently, the law sets a threshold for payments depending on how serious the injuries become. Here are the specific numbers.

Compensation limits for personal injury:

• 500,000 rub. – in case of death, the onset of 1st group of disability, for a disabled child;
• 350,000 rub. – in the case of disability group 2;
• 250,000 rub. – for disabled people of group 3.

It is clear that insurance does not always cover the full damage caused. In this case, the difference is recovered from those involved in the accident. If he did not have insurance, the citizen is responsible in full on his own. The situation when the culprit of an accident dies deserves special attention.

In serious incidents, harm is caused to both people and vehicles. For cars, the maximum insurance coverage is limited to 400,000 rubles. And compensation is provided through the organization of repairs under OSAGO. When restoring the car is more expensive, the missing amount is recovered from the culprit.

Moral injury

It is indemnified regardless of health damage coverage. Moreover, the recovery of the moral component in an accident is not related to the presence of guilt.

Both the victim and his immediate family have the right to receive damages - in the case of death. The specific monetary amount is determined independently by the interested party based on the physical and mental suffering suffered.

When a criminal case is still under investigation against the culprit of the accident, moral damages are recovered through a civil claim. A decision on it is made simultaneously with the sentencing.

Filing a claim for personal injury in an accident

If the victim realizes the need to submit an application for payments to himself, then he must do this in accordance with Central Bank Regulation No. 431-P. it, in paragraph 3.10, contains a list of documents required to formulate an application:

• an application requesting reimbursement of insurance amounts;
• notification of a traffic accident;
• a certificate stating that an accident occurred;
• a copy of the protocol of the offense at the administrative level;
• a photocopy of the passport of the victim (or, in the event of his death, a relative).

These documents are the minimum required when filing an application for personal injury caused in an accident, without which the court application will not even be considered. In addition to these, it would also be useful to include:

• if the documents are submitted not by the victim himself, but by his representative, then a power of attorney will be required;
• if there are victims under the age of 18, parental consent;
• bank account details to which, if the situation is successful, funds will be transferred;
• documents from the medical organization that treated the victim;
• a document from the emergency medical service station staff confirming the initial diagnosis;
• a medical expert’s report indicating the period for which the victim lost his ability to work;
• documents on disability, if one was acquired as a result of an accident.

The successful outcome of the case can also be influenced by such papers as:

• certificates of income, family composition;
• marriage and birth certificates;
• death certificate of the victim.

The documents must be submitted to the company that insures the person responsible for the accident. If the offender does not have an insurance policy, the victim in the accident can apply to the Russian Union of Auto Insurers or directly to the court.

IMPORTANT

The insurance company will consider an application for compensation for damage caused to health in an accident within 30 days, after which it will either make a payment or refuse, indicating the reasons. If the decision on payments was made positively, but the money does not arrive in the account, then the company will have to bear responsibility for its actions. Every day of delay is punishable; the organization will have to pay a fine.

claim for compensation for damage caused to health in an accident.

It is important that the insurance company can compensate for the damage caused only to a certain extent - no more than 500,000 rubles. If there are multiple injuries, the amounts may add up. Depending on the type of damage in an accident, compensation may be:

• fracture of the nose or damage to the eye - up to 50,000 rubles;
• concussion – 25,000 rubles;
• rib fracture – 10,000 rubles;
• loss of teeth – 100,000 rubles;
• leg amputation – 250,000 rubles;
• broken arm – 100,000 rubles;
• burns – 200,000 rubles;
• kidney damage RUB 150,000;
• removal of a lung – 300,000 rub.

Attention:
If the victim needs large amounts of compensation, then he can go to court for the difference between the required amounts of payments and the amounts transferred by the insurance company.

Serious bodily injury in a road accident, Article 264 of the Criminal Code of the Russian Federation

When serious harm to health has been caused as a result of an accident, you need to think about criminal liability. In many ways, the qualification of an act depends on whether it was committed intentionally or not.

After all, it happens that a deliberate collision with a pedestrian, a citizen towards whom there is hostile relations, is permitted deliberately out of a sense of revenge or other motives. In such a situation, Art. 111 of the Criminal Code (Criminal Code of the Russian Federation), namely paragraph “c” of Part 2. It states that bodily injuries are inflicted in a generally dangerous way. And the use of motor vehicles falls well within this case.

If, as a result of the described criminal actions, a person dies after a while, then the conversation is already about murder. Responsibility for it comes under Article 105 of the Criminal Code of the Russian Federation.

In the event that an accident with serious bodily injury occurs unintentionally, the Criminal Code of the Russian Federation has a separate article - 264. It consists of 6 parts that determine the punishment for the driver depending on several qualifying criteria.

Factors that increase liability:

• alcohol intoxication, being under the influence of drugs or psychotropic drugs;
• leaving the scene of an accident;
• death;
• the presence of two or more victims.

For criminal prosecution, it does not matter who the injured party is. This could be another driver, a passenger, or a pedestrian.

In addition, punishment is inextricably linked with non-compliance with traffic rules. Therefore, in their verdicts, courts describe in detail which points of the rules the accused violated.

Progress in the case of personal injury in an accident

The procedure for considering cases of compensation for personal injury in an accident is as follows:

1. The review must be carried out with the participation of the prosecutor.
2. Moral damage can only be recovered from the car owner who caused the accident, since this category of damage does not apply to insurance payments.
3. If there is a fact of reimbursement of funds to cover the restoration of health, the plaintiff can re-apply for payments if, after a course of therapy, new circumstances are discovered that were not previously known, or if the course of the disease has become more complicated. Submitting claims that repeat previous ones, but with a new payment system, is not allowed.
4. If the insurer of the culprit becomes bankrupt, then the Russian Union of Auto Insurers participates in the reimbursement of funds.
5. If the payment procedure is not carried out in accordance with the law, then half of the difference between the amount required by law and the amount actually paid will be paid by the insurance company in the form of a fine.

Additional information
This procedure for reimbursement is regulated by the Civil Code of the Russian Federation, as well as Law No. 40, Rules for calculating the amount of insurance compensation for personal injury and Rules for compulsory motor third-party liability insurance.

Causing by negligence

In some cases, the driver may be found not guilty of an accident causing serious injury. In accordance with Art. 24 of the Criminal Code of the Russian Federation does not recognize as a crime an act committed only for reasons that did not depend on the accused. This also includes cases involving death by negligence.

Please note that in this case, a person who drove a vehicle with a technical defect that could not have been noticed earlier may be found innocent. In other cases, the standard punishment procedure will be applied in accordance with Art. 264 CC. It should be noted that a person who is involved in an accident while intoxicated cannot be found innocent due to negligence.

Judicial practice on compensation for harm

Judicial practice includes many cases where there was full compensation for damage to health in an accident:

1. Light harm. While driving, the accused did not take into account poor visibility and unsuitable weather conditions and caused an accident with a pedestrian. The victim received facial injuries that were classified as causing minor harm to health. First aid to the pedestrian was provided by the person responsible for the accident. At the trial, she fully admitted her guilt and repented. The decision is an administrative fine in accordance with the Code of Administrative Offenses.
2. Average harm. The car owner, unable to control the car, drove into a pole, as a result of which the passenger received injuries that were later classified as moderate harm to health. The defendant was sentenced to deprivation of his license, the cost of treatment of the passenger was reimbursed by the insurance company.
3. Serious harm. When the defendant slightly exceeded the speed limit and lost control of the situation, a collision occurred with a pedestrian. As a result of the accident, the victim received serious injuries. However, since the latter was drunk at the time of the collision and was crossing the intersection on a red light, the parties reconciled in court, and the criminal case was dropped. The culprit partially compensated for the damage suffered by the pedestrian.
4. Moral harm to health. Cases of such compensation are becoming more and more common. It is worth noting that you will have to appeal with documents proving the presence of severe psychological conditions of the victim. Simply relying on the fact that the innocent person in the accident was very upset will not be enough. In judicial practice in Russia, there are cases of payment of moral damages, but the amounts are usually small. From 10,000 to 30,000 rubles. Anything that goes beyond these limits is considered to be very serious cases and is considered with special attention. Thus, the guardian of two orphaned children was able to obtain compensation in the amount of 250,000 rubles.
5. Serious harm caused by negligence. Even if the actions of the accused did not contain malicious intent, he will still have to answer for his actions. In judicial practice, there are many cases where the driver lost control of the steering wheel due to bad weather conditions. Passengers and pedestrians injured in such accidents may well count on compensation payments, but the court will be less strict when making a decision.
6. Death in an accident. Such situations are treated favorably in court. Of course, relatives have the right to receive compensation. Funds spent on burial and monetary compensation for expenses that arose in connection with the death of the victim can be returned. It is worth noting that the court often satisfies such requirements. Thus, the mother of the deceased young man, who was her only breadwinner, managed to recover 500,000 rubles from the culprit. However, the presence of these facts does not mean that arbitrariness reigns in this matter. The court strictly evaluates each situation.

Attention
Despite the size of compensation for an accident, it is important to remember that health can be lost irretrievably, and that the person responsible for the accident may repent of what he did. Any process must begin with negotiations, and only then go to court.

Types of degrees

The injured party can only receive help after the injuries have been officially rated and the driver's guilt has been proven. Afterwards, the culprit of the incident will have to bear responsibility for his actions (criminal or administrative).

Note! Regarding the regulation of the issue of causing mild injuries, it is worth relying on Article 12.24 of the Code of Administrative Offenses of Russia.

Minor harm

According to the law, minor injuries include:

• minor concussion;
• problems with the functionality of body systems, the functioning of which can be returned to normal in 3 weeks;
• injuries that do not allow continuing work activity for a period of up to 20 days.

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Artemyev Dmitry

Experience as a forensic expert in the field of automotive technical examination for more than 2 years, more than 3 years of work in the field of insurance disputes, appealing guilt in road accidents.

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If minor damage is caused, treatment lasts no more than 21 days. It doesn’t matter what kind of treatment it will be, outpatient or inpatient. The victim must have an outpatient card and medical history.

Moderate

Moderate physical injury is not life-threatening, but can cause the inability to carry out business or work activities in accordance with the contract with the employer. The duration of treatment in this case exceeds 21 days. The punishment provided for by law for causing harm to the health of a victim of moderate severity is a ban on driving for 24 months or a fine (up to 25,000 rubles).

Serious harm

Cases of causing serious harm caused by an accident are regulated by Article 264 of the Criminal Code of the Russian Federation. Due to the injuries received, a person faces a real threat of death or irreparable injury, which in the future will affect the decrease in the quality of his life. Signs of serious harm are:

• burns of any kind, 3-4 degrees;

• intracranial injury;
• injuries to vital blood vessels;
• severe damage to the respiratory organs or abdominal cavity;
• numerous bilateral fractures.

This also includes dangerous harm that can cause disorders of the functions responsible for the functioning of vital organs.

Such conditions often result in the death of the victim, they include the following:

• a large amount of lost blood;
• shock state of 3-4 degrees;
• coma with minimal chance of recovery.

Severe injury also includes mental depression, permanent frostbite of any part of the body, or loss of speech, hearing, or vision.

Note! For an accident with serious injuries, the driver faces at least administrative liability. It cannot be avoided, even if he tried to prevent the accident. This does not take into account any assistance that the driver provided to the victim. For example, he delivered him to a medical facility in his own car or helped with money.

If the victim does not complain about the driver, administrative proceedings will be initiated. This is explained by the fact that injuries were caused due to the accident. According to the law, for causing serious injury or death to those involved in an accident, the driver faces a prison sentence of up to 9 years.

From the video you will learn about recovering damages from the culprit of an accident:

Nuances

The owner of a car involved in an accident with victims does not always have to bear responsibility for what happened. Exceptional cases are when:

• the accident occurred as a result of the theft of a vehicle, and the fact that the driver was not the owner of the car has been proven;
• the accident was influenced by natural or some force majeure, for example, if a pedestrian fell under the wheels through his own fault;
• the car was driven by another person who is not the owner of the vehicle;
• the accident occurred as a result of vehicle breakdowns (the court will take this into account as a mitigating circumstance), and responsibility can also be shifted to the agency that carried out the technical inspection of the vehicle.

In some cases, collisions with pedestrians become a misunderstanding in which both are to blame, but the driver still has to bear responsibility.

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How to compensate for damage

The procedure for providing compensation depends on the compulsory motor liability insurance policy issued by the owner of the vehicle. If it exists, the injured party contacts the insurance company or directly to the person responsible for these payments. The driver who is at fault for the accident must provide the victim with information about the insurance contract (primarily its number).

The next step is to provide the insurance company with documentation about the accident, insurance payments and compensation amount for physical or psychological injuries. According to the law, the application is considered no later than 30 days. If lateness is recorded, a penalty will be charged.

Expert opinion

Artemyev Dmitry

Experience as a forensic expert in the field of automotive technical examination for more than 2 years, more than 3 years of work in the field of insurance disputes, appealing guilt in road accidents.

Ask a Question

Payments under an insurance contract depend on the type of damage. If the policy was purchased between 2014 and 2021, the victim can count on a maximum amount of 500,000 rubles. If the car owner does not have insurance or information about it is unknown, you should contact the Russian Auto Insurance Union and get money here.