Payment of moral damages by the culprit of an accident to the victim

Compensation for moral damage in case of an accident

When a driver gets into an accident, it is not always possible to escape with only damage to the car. Often, at such moments, accidents can occur, which will subsequently affect the human psyche. Especially for such situations, compensation for moral damage in case of an accident is provided for the person responsible for the accident. Despite the fact that this is a rather complex process, it is quite possible to achieve justice and compensation.

When is compensation for moral damage paid?

Moral damage is the suffering of a person and his emotional and mental state during an accident, which differs from his usual emotional and psychological state.

Moral damage can be considered the feelings of relatives about an injured loved one who received a disability as a result of the incident.

Article 1100 of the Civil Code of the Russian Federation states that in cases where moral damage was received from a car, compensation must be paid. Even if it was not the driver's fault.

Common reasons for recovering moral damages:

Death of a relative during an accident. In this case, compensation is given to the relatives of the deceased;
Dismissal from work due to the incapacity of the victim;
Receiving injuries or injuries that cause severe pain during an accident;
Mental disorders acquired as a result of an accident.

Compensation for damage from insurance

According to the law, it is impossible to compensate for moral damages in case of an accident under compulsory motor liability insurance or CASCO insurance.

Despite the fact that the MTPL policy is specifically designed to insure the driver’s civil liability, it will only be possible to receive payments for material damage.

Compensation for moral damage is required only from the culprit of the accident.

Who can file a claim for moral damages?

A claim may be filed in court by:

the victim himself;
family of the victim (in case of death of a relative);
parents or guardians if the injured party is a child.

From whom compensation cannot be recovered

From the owner of the vehicle, has evidence that his car was stolen at the time of the accident or was not the owner of the vehicle;
A driver who has evidence (video recording) that the person who received physical and/or moral damage is the culprit or with intent, there is a violation on his part, which led to these consequences.

If a pedestrian is hit by someone who was trying to cross the road in the wrong place (violating traffic rules), the driver may be charged half the amount of compensation or payment will be denied.

Compensation for moral damage in court

To receive compensation, you will need to correctly draw up and submit a statement of claim to the court, support the claim with documents and justify it. In this case, legal advice is required.

Which court to file a claim in?

A claim for compensation for moral damage in an accident is submitted to:

District or city court at the defendant’s place of residence;
District or city court at the place of residence of the plaintiff, if there is a deterioration in the health of the victim or the loss of a breadwinner;
The court at the location of the organization, when the claim is filed against a legal entity;
To the regional court, for criminal liability.

How to file a claim

To go to court, you must file a claim for compensation for moral damage from an accident. It specifies the requirements of the injured party, as well as the necessary evidence to make a positive decision.

The document must be drawn up in accordance with all the rules of legal proceedings in order for it to be accepted for consideration. The court will not be able to proceed with the case if there are formal errors in the application.

What you need to indicate in your claim:

Name of the court;
Information about the plaintiff and defendant, from which the court can establish their identities (information about passports and registration);
Justification of the claim. Be sure to mention the laws you are referring to;
Requirements for the defendant;
Extract from the medical record;
List of attachments to the claim;
A document confirming payment of the state duty (the amount of the state duty is 200 rubles and is paid only in case of minor harm to health).

Court decision on compensation for moral damage

If a party or both parties are not satisfied with the court’s decision, they can file an appeal against the court’s decision on compensation for moral damage in an accident and appeal the decision within 10 days from the date of the decision.

The appeal is filed to a higher court. This document is sent either independently by the parties to the case, or using the services of lawyers.

If both parties agree with the court decision, they are obliged to begin to implement the decision:

A writ of execution is issued, which is subsequently sent to the bailiffs or the insurance company's bank.
Upon receipt, the bailiffs open enforcement proceedings, as a result of which the debtor’s bank accounts are blocked and the required amount is withdrawn. Or the person’s property is seized.
If there is no possibility of collection on these points, a deduction is made from the debtor’s salary.

If the debtor is recognized as poor, the likelihood of receiving compensation is significantly reduced.

Video: Legal advice on compensation for moral damages in an accident

Determining the amount of compensation

Each party tries to increase or decrease the amount of moral damage in an accident, but the proportionality and adequacy of the facts presented, the amount of compensation is determined by the court.

How to calculate the amount of material damage

The plaintiff has the right to demand any amount from the culprit, since the upper threshold is not limited, but his claims must be confirmed and substantiated. For this, supporting documents are used:

Extract from the medical record;
Receipt for payment of legal services;
Certificate of incapacity for work;
Receipts for medications and rehabilitation procedures;
Vouchers to sanatoriums;
A document confirming disability that occurred after an accident;
Certificate of presence of children;
A document confirming temporary disability and loss of earnings;
The result of a forensic examination about the presence of a disease as a result of an accident;
A doctor’s certificate about the deterioration of health after an accident, etc.

Hotline

+7 (499) 350-80-61

+7 (812) 309-17-81

How to reduce compensation for personal injury

The defendant will try to use maximum arguments why he will not be able to pay particularly large sums and reduce the amount of compensation for moral damage:

Prove that the victim’s actions were grossly negligent;
The victim violated traffic rules;
The financial status of the person responsible for the accident;
Forensic medical examination data, etc. (it is better to consult a lawyer).

Arbitrage practice

As judicial practice shows, compensation for moral damage in an accident from the culprit is assessed by the court at 30% - 50% lower than what you indicated in the statement of claim. On average, the amount of moral damage in Russia is:

Minor harm to health: 1,000 - 20,000 rubles;
Average severity: 20,000 - 50,000 rubles;
Severe harm to health: up to 100,000 rubles;
Death of a victim in an accident: calculated individually.

Moral damage in an accident and its recovery

Road accidents are unfortunately not uncommon these days. Not only equipment suffers from them, but also people.

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Very often, due to accidents, the relatives of the victim also suffer and lose their health. About what is called moral damage, how to compensate for it, and what papers will be needed - in the article.

Concept and components

Many Russian citizens often do not realize that moral damage can be compensated. According to Article 1099 of the Civil Code of the Russian Federation, moral damage is compensated to a person, regardless of the damage caused to property.

First you need to understand what this concept is.

This is the suffering endured by the victim or his relatives, who constantly accompany the person or his family members due to the inability to fully move or take part in the life of their family.

Citizens are often interested in what is included in moral damages in an accident.

This:

pain resulting from injury;
job loss due to activity restrictions;
loss of loved ones;
temporary or permanent infringement of rights;
temporary or permanent decrease in physical activity;
experiences that arise as a result of harm to health.

Remember: treatment for injuries sustained as a result of an accident does not constitute compensation for moral damages.

Who is eligible to receive?

The following categories of citizens are entitled to receive compensation:

persons actually injured in road accidents;
relatives of the injured person - they receive compensation if the injured person himself cannot receive payments for health reasons;
parents or guardians who have a minor child who was injured in an accident.

Remember that the insurance company under the issued MTPL and CASCO policies does not compensate for moral damages in the event of an accident.

If there is no insurance, then only the person responsible for the accident can compensate for the damage. If the person who caused the accident was driving a company car, then damages should be recovered from the employer.

Compensation for moral damage in case of an accident

Any vehicle is considered a source of increased danger. The victim has the right to demand that the driver who was driving him compensate for the corresponding damage. This is regulated by Article 1100 of the Civil Code of the Russian Federation.

Moreover, it does not matter what kind of harm was caused to the victim: light, severe or moderate.

In addition, the driver who caused the accident compensates for the damage to the passenger traveling with him.

Process Features

A person can go to court and demand compensation for moral damage in the following cases:

if there is evidence of harm caused to health;
illegal actions or criminal inaction have been committed in relation to the victim;
there is a connection between the actions of the offender and the victim;
there is evidence of the driver's guilt.

What documents may be required

The court will need the following documents:

certificate of the accident;
photocopy of the traffic police report. It must indicate the general condition of the victim and the presence of injuries he received due to the accident;
a certificate from a doctor or a medical commission’s conclusion about deteriorating health;
conclusion of a medical and social examination - it is carried out if a person has become disabled;
a certificate from a neurologist or psychotherapist about the appearance of nervous disorders in a person after an accident;
a conclusion received from a specialized specialist about temporary or complete loss of ability to work;
checks and strict reporting forms confirming expenses incurred for treatment and recovery;
death certificate;
marriage certificate - needed to confirm the relationship between the victim and the person receiving compensation;
birth certificate - necessary to confirm the relationship between the deceased and the person who will receive compensation;
certificate confirming the presence of minor children or dependents in the family.

If the driver was found not guilty, the following documents will also be required:

resolution on refusal to bring to administrative liability;
resolution to terminate the criminal case;
decision to refuse to initiate criminal proceedings.

If the driver is guilty, the following documents will be required:

a decision finding him guilty;
court sentence.

What compensation and in what amount is due?

The amount of payments is not regulated by law. The victim independently determines their size.

In this case, the amount of damage caused to health, the degree of guilt of the driver and the presence of other circumstances are taken into account.

The final amount of payments is determined by the court after clarifying all the circumstances and studying the case materials.

Dire consequences

Grave harm includes injuries that significantly reduced or made it impossible for a person to work: amputation of limbs, brain injuries, loss of some part of the skin.

In the event that a person has suffered serious harm, the amount of payments varies from 50,000 to 100,000 rubles.

Average severity of harm

Medium is considered harm that led to a temporary loss of a person’s ability to work: for example, fractures of the upper and lower extremities.

If the victim suffered moderate harm to health, then the amount of payments ranges from 20,000 rubles to 50,000 rubles.

Minor harm

Minor harm is considered to be harm that does not lead to a person’s loss of ability to work: the occurrence of general malaise, stress, depression and other nervous disorders in a person.

In the event that a person’s health is slightly harmed, the amount of payments varies from 3,000 to 20,000 rubles.

No harm to humans

If no harm was caused to a person’s health, this does not mean that the perpetrator should not compensate for moral damage.

Medicines or other small expenses for treatment incurred by the victim after an accident may also be compensated.

Typically, such types of damage are compensated in the amount of 1000-1500 rubles.

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How to assess suffering and calculate the amount

The assessment of suffering arising after an accident is carried out by examining the following circumstances:

the fact of the appearance of physical and moral suffering precisely after the accident;
the way they are applied - how they arose - as a result of specific behavior or intentional actions;
the degree of culpability of all participants in the accident;
the amount of moral damage that must be compensated from the point of view of the victim.

An experienced lawyer will help you calculate the amount of payments, and it is advisable to contact him first.

If a person cannot do this due to financial difficulties, then he needs to study the judicial practice of previous years and articles of the Civil Code (151, 1099, 1100, 1101), which talk in detail about compensation for moral damage.

No casualties

If an accident occurs, but there are no casualties, then moral damages are compensated on an individual basis.

Also, if there is damage to the machines, they should be compensated.

In a non-contact accident

Initially, you should decide what a non-contact accident is.

This is an accident in which the driver violated traffic rules, hit a pedestrian or drove off the roadway, collided with another car or overturned.

In the event that all of the above actions occurred through the fault of the pedestrian, he will need to pay a fine, or he may be imprisoned for a certain period of time.

In the event that all of the above actions occurred through the fault of the driver, he will also be forced to pay a fine or be prosecuted, especially if the pedestrian was seriously injured or died.

If there was a death

If the accident resulted in the death of the victim, then the driver, in addition to the penalties established by Article 264 of the Criminal Code of the Russian Federation, must also compensate for moral damage.

Its size is determined during the court hearing and after studying all the materials of the case, which is regulated by Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 26, 2010 No. 1.

Indexing

Indexation of collected but not paid on time amounts of compensation for moral damage caused during an accident is aimed at protecting the rights of the victim.

After a person has suffered moral damage and until he is paid compensation for it, sometimes a very long time passes.

As a result, the amount recovered from the culprit of the accident becomes very small. Thanks to this, under Article 208 of the Code of Civil Procedure of the Russian Federation, the judge can reconsider the case and collect a new amount of compensation, as well as collect money for failure to pay compensation on time.

Typically, the amount increases in direct proportion to the amount of compensation previously collected.

How to recover from the culprit?

The procedure for collecting moral damages from the culprit of an accident is determined by the following factors:

the responsibility to which he is held;
the presence of evidence of his guilt.

Pre-trial agreement

If a criminal case has been opened against the culprit of the accident, the victim must seek compensation for moral damage within its framework.

In this case, he will be required to file a civil claim for compensation for moral damages in an accident. It sets out the suffering he suffered and the total amount of compensation for it.

Typically, when filing such claims, the person responsible for the accident tries to reach an agreement with the victim on a voluntary basis.

Remember: if the investigator asks the victim to seek compensation for moral damage after considering the criminal case, then he should not agree to these conditions.

Jurisdiction

If the claim was not filed by the victim before the trial, then the victim and his relatives become civil plaintiffs. In this case, the court issues a moral claim related to the crime.

State prosecutors very often satisfy such claims. In some cases, the courts recognize the right of the victim to file a claim, but consider it during the civil hearing of the case.

The victim should not agree to these actions, since during the civil hearing of the case the claim will have to be filed anew and the victim will have to independently collect the evidence base.

What is the responsibility for crossing a double solid line? See here.

Has the fine for not having a child seat been cancelled? Information is here.

What will need to be proven in court?

Regardless of what kind of trial takes place, the victim should be provided with the following evidence:

prepare facts about the accident;
submit documents confirming the harm caused to the victim’s health;
prepare documents on the amount of damage;
present facts confirming that the person responsible for the accident caused harm.

Remember: if a criminal case has been opened against a motorist, then there is no need to collect evidence.

Sample statement of claim

Initially, the victim can apply for compensation to the person responsible for the accident. You can send your claim to him by registered mail. This can also be done through mediation.

This is a procedure for pre-trial settlement of controversial issues with the participation of an experienced specialist.

If a compromise cannot be achieved peacefully, the victim can file a claim in court.

Court selection:

the claim is filed in the district or city court at the place of residence of the person responsible for the accident;
if after the accident the victim’s health has sharply deteriorated or he has lost a family member, then the documents are submitted to the district or city court at the victim’s place of residence;
if the accident was caused by a legal entity, then the claim is filed in court at the location of the organization;
if the case involves criminal prosecution, then the claim is filed in the regional court.

The claim contains an inventory of the attached medical and other documents proving the deterioration of the patient’s health.

The claim must contain the following information:

name and address of the court where the paper is filed;
information about the plaintiff and defendant;
the price of the claim is the amount of moral compensation that a person wants to receive;
requirements presented to the defendant indicating the provisions of the law;
list of attached papers.

If the claim is filed by an individual, then the following data must be indicated: full name, date of birth, passport details, address of residence and registration.

If the claim is filed by a legal entity, then the following shall be indicated: name, full name, position of the head, document regulating its activities, residential address and legal address.

For individual entrepreneurs: full name, passport details, USRIP details.

A sample claim form can be found here:

Moral damages under compulsory motor liability insurance – is it possible to obtain it and how?

It is possible to recover moral damages even if there is no fault in the accident.
But compulsory motor insurance does not cover such damage - this is clearly stated by the relevant Federal law.
However, it is possible to collect “moral damages” directly from the person responsible for the accident.
But only in cases of harm to health or death of people can the amount of such compensation be commensurate with the damage.

Moral shock, like physical damage, can have a significant impact on a person. Prolonged depression, neuroses, unreasonable fears - such conditions not only negatively affect health, but also require significant costs to restore peace of mind. In this regard, the question arises: is it possible to obtain compensation for moral damage under the MTPL policy and how to properly collect it in 2019?

What is moral damages under the law?

The Russian Civil Code establishes that moral damage is any action that violates personal non-property rights. The state obliges the perpetrator of such a situation to compensate the victim for the inconvenience suffered in the form of a certain monetary compensation.

The Civil Code of the Russian Federation in its Article 1100 states that any damage as a result of an accident must be compensated regardless of whether the owner of the car is the culprit of the accident or not. The rationale is that any car is a source of increased danger, which entails the responsibility of each owner (Article 1079 of the Civil Code of the Russian Federation).

Turning to practice, this situation arises most often in the following cases:

recovery of moral damages when a relative died in an accident;
health has been damaged in such a way that the person can no longer perform duties at work;
an injury has been caused that causes severe pain;
the person has acquired mental disorders.

You can receive compensation only if such conditions are officially proven. Also note that in all the points above we are talking specifically about moral damage due to damage to health, and not to a car or other property. We will look at this issue a little below.

Does MTPL insurance cover moral damages?

The MTPL policy has clear wording and, when it comes to standard situations with physical damage, does not raise any questions. But if the matter concerns moral damage, serious proceedings begin.

In fact, OSAGO operates in the following situations:

the accident involved people who received injuries of varying severity;
as a result of the accident, damage was caused to the car or property;
the car caused damage to an animal, a building, or an urban structure (for example, a fence).

That is, OSAGO covers damage to health and property. In such situations, the insurance company pays the amount by court decision or out of court on the first appeal or on a pre-trial claim.

But medical services to restore peace of mind are not included in the list of insurance cases of compulsory motor liability insurance. The basis for this is Article 6 of the Federal Law on Compulsory Motor Liability Insurance, subparagraph “b” of paragraph 2 of which directly states the following:

2. Insurance risk under compulsory insurance includes the occurrence of civil liability for the obligations specified in paragraph 1 of this article, except for cases of liability arising as a result of :

A) .
b) causing moral damage or the emergence of an obligation to compensate for lost profits;

Thus, moral damages as of 2019 cannot be recovered under compulsory motor liability insurance.

There is only one possibility that will allow you to receive compensation for moral damage under the policy. And we are not talking about MTPL at all. To do this, you need to additionally take out life and health insurance for the driver and passengers. In this case, all passengers of the car will receive insurance payments, regardless of who caused the accident. True, only with confirmed medical expenses.

However, in any case, compensation for moral damage falls on the shoulders of the person causing the harm - the driver responsible for the accident.

One case when you can get it from the insurance

And this situation is a refusal of compensation under compulsory motor liability insurance or insufficient payment. Please note that in this case, we are not talking about compensation for moral damage under compulsory motor liability insurance, but from an insurance organization in the framework of a civil case (and a case on protecting the rights of consumers of services).

If you were forced to go to court as a result of your violated right, namely one of two:

the right to receive a sufficient amount of compensation under compulsory motor liability insurance (if the insurer paid little),
the right to receive compensation as such (if the insurance company refuses to pay),

then if you win the claim, you can count on moral damages. And it is collected precisely for your rights violated by the insurer, and not for the accident itself. This leads to one bad news - most often, according to judicial practice in 2019, the amount of moral damage awarded ranges from 1000 to 10-15 thousand rubles, since your moral losses in such a situation are small, and this is fair.

Recovery of moral damages from the culprit of an accident - instructions

The victim files a claim for moral damages in the name of the perpetrator of the incident. If the issue is not resolved voluntarily, then the application and collected documents (medical certificates, conclusions, receipts for the purchase of medicines) are sent to the court.

The appeal is carried out in the form of a claim addressed to the defendant. A claim is a complex official document that must be drawn up in accordance with all legal requirements. Therefore, it is better to turn to lawyers for such a task. Since moral damage cannot be calculated in detail according to the claim, state duty is not charged for it.

The most difficult thing is determining the amount of moral damage. There are no established fixed indicators, so the specific amount is established within the framework of judicial proceedings. The plaintiff tries to substantiate his claims, the defendant seeks to refute them. As a result, the amount of compensation is determined by the court based on the hearing and the personal conviction of the judge. The decision is also influenced by typical judicial practice.

If the insurance company refuses to pay out under a life and health policy

Situations may arise when the insurance company does not pay the assigned amount of compensation. In this case, the plaintiff must once again apply to the court with a claim. Additionally, examinations and other studies may be carried out.

If the life and health insurance policy has counted little

This situation also often occurs, since insurance companies strive to reduce their costs in any situation. To challenge the amount, the plaintiff must initially record all his expenses for treatment, diagnosis, and recovery.

Having checks and medical certificates in hand will make it easier to challenge the insurance company’s decision. It is also recommended to request an insurance claim certificate from the insurance company.

Moral damage in the form of lost profits

It is more difficult to obtain compensation for moral damage in the form of lost profits, but it is still possible. Please note, having read the quote above Article 6 of the Federal Law on Compulsory Motor Liability Liability Liability again, you come to the understanding that lost profits, as well as moral damages, are not compensated by the insurance company under Compulsory Motor Liability Liability Insurance, but only directly by the cause of harm.

To do this, you need to collect and provide to the court evidence (declarations, documents on wages and other income, including benefits) that the victim could have received income in a certain amount if he had not been involved in an accident.

Let's look at an example. The head of a company who provides services to his partners was involved in an accident. There is business correspondence in which the intention to conclude an agreement for the provision of services for a certain amount is clearly visible.

As a result of the accident, the victim is unable to carry out work, which affects material benefits. In this case, facts in the form of correspondence and medical certificates will be enough to claim lost profits.

Arbitrage practice

Judicial practice in 2019 regarding penalties for moral damages often turns out to be positive. Typical court decisions show that accident victims are often approved for damages.

This is due to the fact that a car is a source of increased danger, and human health is a priority area of state protection. At the same time, the amount is assigned in accordance with the principles of reasonableness and fairness.

Krasnoyarsk court case

For example, in this case, the pedestrian received injuries that required expensive treatment and long rehabilitation. The plaintiff, along with compensation for losses from treatment, demanded compensation for moral damages in the amount of 300 thousand.

The court ruled that the claim was justified because the pedestrian suffered shock after the accident. But the amount of compensation was reduced to 100 thousand as sufficient to restore peace of mind.

Samara court case

Here is another example of resolving the issue of compensation for moral damage. The plaintiff, injured in an accident, received bodily injuries and demands compensation for moral damages in the amount of 500 thousand rubles.

The court decided to pay 100 thousand rubles. The reason for this decision is that the amount is taken into account on the basis of reasonable calculations, and the stated claims were inflated.

Turning to practice, it is worth noting another type of cases being considered - when a person dies in an accident. In this case, the amount of moral damage can reach 500,000-1,000,000 rubles. In such cases, the court often has no reason to reduce the amount of moral damage, so in most cases the claims are approved.

Moral damage in an accident without victims: how to assess

Compensation for moral damage in an accident in 2018

In our country, road accidents occur every day. In addition, according to statistics, almost every driver with more than 3 years of driving experience has been involved in an accident at least once in his life. The consequences of this unpleasant situation can be very different: from the opening of a criminal case to the need to compensate for moral damage in an accident.

In Russia, court cases related to monetary compensation for moral damages are quite difficult to win. The difficulties lie in the problems with determining a specific amount and proving its value. Despite this, it is quite possible to achieve compensation if you know how to do it correctly.

Differences between moral damage and material damage

Determination of moral damage after an accident

It is rare that an accident occurs without any casualties. The fact is that even if no harm was caused to health, the fact itself still makes the victim worry. Moral damage is usually based on the unpleasant feelings a person suffered during an accident. In other words, moral harm is defined as the mental suffering of a victim who has been in an accident. In addition, the nervous experiences of relatives about a person close to them who, for example, became disabled after an accident, also belong to this definition.

In Art. 1100 of the Civil Code states that moral damage must be paid if its source was a car. Moreover, this rule applies even if the driver was not the culprit of the accident.

The amount of moral damage during an accident does not depend on property compensation. Therefore, in court they are considered separately, despite the fact that the claim itself is filed in the way that is convenient for the plaintiff: separately or together with all the claims.

In addition, the person responsible for the accident may, of his own free will, compensate for moral damages to the victim. In this case, it is recommended to record the transfer of money using a written receipt. If the culprit of the accident refuses to pay or the victim believes that he received an insufficient amount, each of them can go to court to resolve the dispute.

Grounds for collecting moral compensation from the culprit of an accident

The most common reasons for which it is possible to recover moral damages are:

death of a relative in an accident, compensation in this case is paid to the relatives of the victim,
dismissal from a permanent job due to the incapacity of the victim,
frustration due to damage caused to the only means of transportation,
During the accident, serious injuries were sustained that force the victim to endure severe pain,
mental disorders of the victim that arose after the accident.

Applicant and defendant during the recovery of moral damages

A claimant who is ready to file a claim for damages may be:

the victim himself,
guardians or parents of the victim, if the latter has not reached the age of majority,
family of the victim if he died as a result of the accident.

Now let’s figure out who cannot act as a defendant in court on this issue. According to current legislation, compensation for moral damage caused in an accident cannot be demanded from insurance companies (for example, under CASCO or OSAGO policies). The MTPL policy is compulsory insurance, but it can only provide compensation for material damage. Compensation for moral damages can only be demanded from the person responsible for the accident, i.e. individual.

Despite the fact that insurers cannot be sued for moral damages incurred in connection with an accident, it is still possible to file a claim against them. This happens when it comes to stress resulting from illegal actions or inactions of insurance companies.

For example, delays in standard insurance claims.

In addition, there are other persons from whom damages cannot be recovered. This:

the owner of a car who has evidence that his car was stolen at the time of the accident,
a vehicle driver who is able to provide compelling evidence that the person trying to recover moral damages is considered to be the culprit of the accident or has violated other rules that led to these consequences. Such evidence may well be video footage from the recorder. In addition, there are usually many cameras installed on city streets. The results of their shooting can also be used. Witness testimony will also do.
a driver who hit a pedestrian crossing the road outside a pedestrian crossing. Moreover, in this case the plaintiff is completely denied, although judicial practice recognizes cases when it was still possible to recover half the amount from such a defendant.
the driver, in a case where the accident was rigged by the plaintiff in order to receive moral compensation.

Compensation for moral damage in case of an accident in court

Compensation for moral damage received in an accident is possible only after providing significant evidence. To correctly compile the entire package of documents, you need to have the appropriate knowledge in this area. If they are not there, it is better to contact a lawyer.

Where to file a claim for compensation?

To compensate for moral damage caused to mental health in an accident, the plaintiff must provide a correctly collected package of documents:

to the city or district court located at the registration of the defendant,
if the victim feels unwell, it is allowed to submit an application according to the territorial affiliation of the plaintiff,
to the regional court, when along with moral liability comes criminal liability,
to the court at the location of the company, if the defendant is a legal entity.

How to file a claim for damages?

When going to court, the plaintiff must express his intention to receive money for moral damages from the person responsible for the accident. To indicate his intentions, he files a lawsuit.

When a claim for compensation for moral damage is not drawn up according to the rules, the court will not accept it for consideration. This applies even when the errors are of a formal nature.

The statement of claim usually states:

the name of the judicial authority where the documents are submitted,
information about the defendant and plaintiff,
reasons for filing a claim,
the legislative framework in accordance with which the plaintiff acts,
claims against the defendant.

In general, the following documents are attached to the claim, which will be one of the main evidence of what happened. This:

plaintiff's passport,
a paid receipt (for such actions, a state fee is charged, except in cases where harm is caused to the only breadwinner in the family),
extract from the medical record,
report on the inspection of the scene of the incident.

Determining the amount of compensation for moral damage in an accident

Determining the amount of compensation payments for moral damage from an accident is quite difficult. The fact is that the plaintiff usually tries to inflate the amount required to be paid, and in the interests of the defendant, on the contrary, to reduce it. But it is the court that determines the final amount of such debt.

But the plaintiff must indicate at the stage of filing the claim how much he wants to recover. How to correctly calculate the amount of material damage? The plaintiff, theoretically, can demand absolutely any amount from the culprit of the accident, since there is no limit established by law. But you must remember that your requests will need to be confirmed and proven. To do this, you will need to collect the following documents:

sick leave or other document proving the plaintiff’s incapacity for work and loss of associated funds,
a receipt confirming payment for the lawyer's services,
extract from the medical record,
checks confirming the completion of rehabilitation procedures,
receipts for medications prescribed by a doctor,
vouchers to a specialized sanatorium,
a document proving the plaintiff’s disability resulting from the accident,
certificate of presence of disabled dependents,
conclusion of forensic experts that the disease occurred as a result of an accident,
a medical certificate confirming that the patient’s condition worsened as a result of the accident, etc.

If the loss of ability to work is temporary, the victim may demand compensation for money for a given period of time. When it is clear that recovery is not possible, it is possible to compensate for the damage for a lifetime.

The plaintiff, when filing a claim for moral damages in an accident, must provide that the defendant, for his part, will use all possible evidence to reduce the amount requested by him or not pay for moral damages at all. To do this, he will need to prove that:

the plaintiff acted carelessly and unlawfully,
there was a traffic violation,
The defendant's financial position does not allow him to pay large sums.

Average compensation in Russia

Based on judicial practice, we can say that the court estimates the moral damage received by the victim during an accident at 40% of the amount requested in the claim. If we take the average figures for Russia that we were able to obtain in court, then:

minor harm to health is estimated at 1-20 thousand rubles,
loss of average severity - 20-50 thousand rubles,
severe harm to health will cost an amount usually not exceeding 100 thousand rubles,
Death during an accident is assessed on an individual basis.

Court verdict on compensation for moral damages

Based on the documents provided, the judicial authorities make their decision.

If such a conclusion does not suit one of the parties, it has the right to file an appeal. This is done no later than 10 days after the decision is made. An appeal is filed to higher judicial authorities by one of the parties or a lawyer involved in the process as a plaintiff or defendant.

If both parties are satisfied with the court's order, they must be prepared to comply with it. To do this, the judicial authorities transmit the writ of execution to the bailiffs or the bank of the insurance company.

After receiving the documents, the bailiffs open the corresponding paperwork, as a result of which the accounts in the bank whose services the debtor uses are blocked and the required amount is withdrawn from them. If there is not enough money in the defendant’s accounts, the debtor’s property is seized.

When none of the above methods failed to recover the required amount for moral damages in case of an accident from the defendant, it is deducted from the salary.

If the defendant has proven that he is poor, the possibility of obtaining a claim for moral damages is significantly reduced.

The court decision is mandatory for implementation in any region of the country by any commercial organizations or authorities.

When driving a car, remember that it is considered a high-risk vehicle. Try to do this carefully and avoid getting into an accident. If an accident occurs and you suffer moral damage, try to adequately assess your financial requirements.

Who compensates for moral damage in an accident without victims?

Compensation for moral damage in case of an accident

An accident is always a very unpleasant event, which often entails proving guilt and litigation.

They should help reimburse you for car repairs. But cases where not only the vehicle suffers, but also the psychological state of the victim are much more complicated. Here we can talk about compensation for moral damage.

To successfully recover moral damages to a victim of an accident, it is necessary to understand what exactly falls under this concept. It implies:

experiences due to the loss of family and friends;
pain and stress from injuries;
loss of the ability to lead normal life activities;
job loss or disability;
damage to reputation;
damage to transport, which was the only source of income.

The following may apply for the right to receive compensation for moral damage:

a pedestrian who was involved in an accident;
a passenger, and it does not matter which car he was in - the culprit or the victim;
the driver of the car who was not at fault in the accident;
relatives of the person killed in the accident.

It is important to clearly separate the concepts of moral and property damage

In other words, if transport, which was the only source of income, is severely damaged, the victim suffers property damage in the form of lack of income and moral harm in the form of stress and suffering from this situation. In this case, the amount of damage is established on the basis of certificates of previous income, and the amount of moral damage is determined by the victim independently. Moreover, the amounts of these two types of compensation do not depend on each other (Article 1099 of the Civil Code of the Russian Federation).

The culprit of an accident must know that moral damage, according to Art. 12 of the Civil Code of the Russian Federation, he is obliged to pay himself, this payment does not fall under the jurisdiction of the insurance company, and neither CASCO nor OSAGO will help him in this matter.

Compensation can only be recovered from the insurance company in one case - if the stress and suffering are caused by the insurer's delay in payment or other unlawful actions.

Any moral damage that is associated with harm to life and health during an accident must be compensated, regardless of the degree of guilt of the person who caused this harm.
However, you also need to know that imposing compensation for moral damage on the defendant is not an obligation, but the right of the court. It is often difficult to prove the existence of suffering, but in any case the claims must be justified, otherwise the court will refuse the plaintiff.

The easiest way to prove moral damages is in cases where an accident causes loss of ability to work. Then the defendant is obliged to pay monthly compensation until working capacity is restored, or for life if restoration is impossible.

At the same time, the amount of compensation itself is not regulated by law; it can be determined by the victim at his discretion. The amount depends on what harm was caused to the victim’s health, how much the defendant was at fault for the accident, as well as on a number of other factors.

As for the amount of compensation requested and paid upon the fact, despite the absence of legal restrictions, in practice it should be determined within reasonable limits and depend on the financial viability of the defendant.

Based on judicial practice, it is approximately:

3-20 thousand rubles for minor damage;
20-50 thousand rubles for harm of moderate severity;
50-100 thousand rubles for causing serious harm.

At the same time, depending on the severity of the injuries, the victim can count on other amounts: from 50 thousand rubles for minor harm to health to 1 million rubles for the death of a loved one.

More precise information on how exactly the amount of compensation is formed can be found in Art. 1085 of the Civil Code of the Russian Federation. In general, the formula is as follows: the degree of personal spiritual suffering assessed by the victim is added to the cost of damages.

It is not recommended to overestimate the amount, since in these cases the court may either not satisfy the claim or significantly reduce the payment

To receive financial compensation for moral damage, the victim must go directly to the court.

To make a decision on such a claim, the court clarifies a number of points:

the fact of physical and moral suffering as a result of an accident;
exactly how the suffering was caused - the degree of guilt of the defendant, his actions or inaction during the accident;
what kind of suffering the victim suffered;
what is the estimated amount of compensation for moral damage;
other issues that affect the decision in the dispute.

As practice shows, collecting all the necessary evidence is quite difficult, but possible. Immediately after the accident, each of the problems that arose as a result of the accident should be immediately recorded, as well as all subsequent events.

The following may be considered as evidence of causing moral damage:

prescriptions for medications for treatment and receipts for them;
certificates from doctors, including a psychologist, who can confirm a depressed psychological state and stress;
witness's testimonies.

Witnesses brought by the victim must be able to confirm that conflicts and disputes arose between the parties, which also affected the psychological state of the victim, especially if they were initiated by the perpetrator.

You can only hope that the court will satisfy a claim for compensation for moral damage if you have a full package of necessary documents and provide evidence.

However, you should not expect a quick resolution of the case - proceedings rarely last less than three months, often much longer. It depends on the complexity of the situation.

Claim for compensation for moral damage in an accident

The last step in recovering money from the insurance company and the person responsible for the accident is filing a claim in court. Nevertheless, it is precisely this that is the most important, so it must be taken with full responsibility. The statement of claim must strictly comply with the law, because any, even the most insignificant violation, may entail the court’s refusal to accept it for consideration.

The victim can demand compensation in court directly from the defendant

Despite the fact that a claim to court for an accident is written in free form, when filing it, all the rules provided for in Art. 131 of the Civil Procedure Code of the Russian Federation.

Items that must be contained in the statement of claim:

name and contact details of the court to which the application is being filed;
names and contact details of the plaintiff and defendant;
a clear and detailed description of all the circumstances of the case, including the date, time of the accident, type of accident, number of participants, etc.;
evidence of the defendant’s guilt that can be collected, necessarily with references to legislative acts;
the required amount of compensation for moral damage;
justification for the required amount.

Documents that must be attached to the application:

photographs or videos from the scene of the incident;
medical report on health status (preferably a psychologist’s report);
road accident report drawn up in the presence of witnesses;
if available - discharge from a sanatorium or hospital;
written testimony of witnesses.

The difficulty is that some paperwork takes a long time to complete, and some paperwork needs to be taken care of at the scene. If this has not been done, the claim may not be accepted.

If a criminal case has been initiated, some of the documents must be obtained from the investigator at the traffic police department.

In order not to miss a single small detail that may affect whether the court accepts the claim, it is better for the applicant to contact a qualified lawyer to draw up this document.

According to the legislation of the Russian Federation, the period for filing a claim for compensation for moral damage is limited to three years from the date of the accident. After this period, the court may consider claims for reimbursement of funds for car repairs and treatment, but claims for compensation for moral damage have the right to reject. Direct consideration of the application usually takes up to five working days.